42 Pa.C.S. § 9702 — PA Code / Title 42 / Chapter 97 / Section 9702
Definitions.
Status: in_force

As used in this chapter "court" and "judge" include (when exercising criminal or quasi-criminal jurisdiction pursuant to section 1515 (relating to jurisdiction and venue)) a magisterial district judge. (Oct. 5, 1980, P.L.693, No.142, 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. § 9913 — PA Code / Title 42 / Chapter 99 / Section 9913
Peace officer power for probation officers.
Status: in_force

An officer is declared to be a peace officer and shall have police powers and authority throughout this Commonwealth to arrest, with or without warrant, writ, rule or process, any person on probation, intermediate punishment or parole under the supervision of the court for failing to report as required by the terms of that person's probation, intermediate punishment or parole or for any other violation of that person's probation, intermediate punishment or parole.
42 Pa.C.S. § 2776 — PA Code / Title 42 / Chapter 27 / Section 2776
Matters or documents filed in the office of the clerk of the orphans' court division.
Status: in_force

All matters to be heard or determined in the orphans' court division of a court of common pleas shall be filed in or transferred to the office of the clerk of the orphans' court division. Cross References. Section 2776 is referred to in section 2736 of this title.
42 Pa.C.S. § 14 — PA Code / Title 42 / Chapter 14 / Section 14
Continuation of existing judicial boards, commissions and committees.
Status: in_force

The enactment of this act shall not affect the existence or membership of the following bodies:

(1) The Advisory Committee on Appellate Court Rules.

(2) Civil Procedural Rules Committee.

(3) Criminal Procedural Rules Committee.

(4) The Disciplinary Board of the Supreme Court of Pennsylvania.

(5) Judicial Council of Pennsylvania.

(6) Minor Court Civil Procedural Rules Committee.

(7) Philadelphia Judicial Council.

(8) State Board of Law Examiners.

(9) Supreme Court Committee for Proposed Standard Jury Instructions.

(10) Supreme Court Orphans' Court Rules Committee.
42 Pa.C.S. § 9799.61 — PA Code / Title 42 / Chapter 97 / Section 9799.61
Victim notification.
Status: in_force

(a) Duty to inform victim.--

(1) Where the individual is determined to be a sexually violent predator by a court under section 9799.58 (relating to assessments), the local municipal police department or the Pennsylvania State Police where no municipal police jurisdiction exists shall give written notice to the sexually violent predator's victim when the sexually violent predator registers initially and when the sexually violent predator notifies the Pennsylvania State Police of a change of residence. In the case of a sexually violent predator who has a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53 (relating to definitions), notice shall be given within 72 hours after the sexually violent predator registers or notifies the Pennsylvania State Police of a change of address. The notice shall contain the sexually violent predator's name and the address or addresses where the individual has a residence. In the case of a sexually violent predator who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53, the notice shall contain the sexually violent predator's name and the information specified in section 9799.56(a)(2)(i)(A) and (B) (relating to registration procedures and applicability). The notice shall be given to the victim within 72 hours after the sexually violent predator registers or notifies the Pennsylvania State Police of a change of residence.

(2) A victim may terminate the duty to inform described in paragraph (1) by providing the local municipal police department or the Pennsylvania State Police where no local municipal police department exists with a written statement releasing that agency from the duty to comply with this section as it pertains to that victim.

(b) Where an individual is not determined to be a sexually violent predator.--Where an individual is not determined to be a sexually violent predator by a court under section 9799.58, the victim shall be notified in accordance with section 201 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. This subsection includes the circumstance of an offender having a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53.

(c) Alternate means of notifying victims.--

(1) The Pennsylvania State Police may enter into a memorandum of understanding with the Office of Victim Advocate to assist the Pennsylvania State Police in notifying victims and providing the information under subsection (a). In addition, the memorandum of understanding may also include the Office of Victim Advocate's notifying a victim of relief granted to a petitioner under section 9799.59 (relating to exemption from certain notifications). The memorandum of understanding must set forth the manner and method of notifying victims and the duties of the Pennsylvania State Police and the Office of Victim Advocate under this section and section 9799.59(a). A memorandum of understanding entered into under this subsection shall be valid for no more than 10 years. There shall be no limit to the number of memoranda of understanding which may be executed by the Pennsylvania State Police and the Office of Victim Advocate under this subsection.

(2) As used in this subsection, the term "Office of Victim Advocate" shall mean the office established under section 301 of the Crime Victims Act.

(June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.61. Cross References. Section 9799.61 is referred to in section 9799.59 of this title.
42 Pa.C.S. § 5743 — PA Code / Title 42 / Chapter 57 / Section 5743
Issuance of license (Repealed).
Status: repealed

2015 Repeal. Section 5743 was repealed July 2, 2015, P.L.110, No.53, effective in 120 days.
42 Pa.C.S. § 7371 — PA Code / Title 42 / Chapter 73 / Section 7371
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Uniform Family Law Arbitration Act.
42 Pa.C.S. § 8340.3 — PA Code / Title 42 / Chapter 83 / Section 8340.3
Rescue from motor vehicle.
Status: in_force

(a) Rescue of individual.--No person shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing an individual from the motor vehicle, if the person:

(1) Has a good faith, reasonable belief that the individual is in imminent danger of suffering harm if not immediately removed from the motor vehicle.

(2) Determines that the individual is unable to exit the motor vehicle without assistance.

(3) Makes a reasonable effort to locate the driver of the motor vehicle and to contact law enforcement, a fire department or other emergency responder prior to entry. If the driver is not located and such contact is not possible prior to entering the motor vehicle, the person shall contact law enforcement, a fire department or other emergency responder as soon as reasonably possible after entering the motor vehicle.

(4) Uses no more force than necessary under the circumstances to enter the motor vehicle.

(5) Makes a good faith effort to leave notice on or in the motor vehicle stating the reason the entry was made, the location of the individual who was removed from the motor vehicle and, if possible, identifying the police or fire department or other emergency responder that is expected to respond.

(6) Remains with the individual in a safe location until law enforcement or emergency responders arrive.

(b) Rescue of dog or cat.--No law enforcement officer, animal control officer, humane society police officer or emergency responder, or the employer of a law enforcement officer, humane society police officer or emergency responder, shall be liable for damage to a motor vehicle or the contents thereof caused by entry into the motor vehicle for the purpose of removing a dog or cat, if the law enforcement officer, humane society police officer or emergency responder does all of the following:

(1) Has a good-faith, reasonable belief that the dog or cat is in imminent danger of suffering harm if not immediately removed from the motor vehicle.

(2) Makes a reasonable effort to locate the driver of the motor vehicle prior to entry.

(3) Takes reasonable steps to ensure or restore the well-being of the dog or cat.

(4) Uses no more force than necessary under the circumstances to enter the motor vehicle.

(5) Leaves notice on or in the motor vehicle stating the reason entry was made, the name of the person and of the person's employer, a telephone number and, if possible, the location where the dog or cat may be retrieved.

(c) Limitation.--A person shall not be immune from civil liability for damage resulting from the entry if the person's actions constitute gross negligence, recklessness or willful or wanton misconduct. (Oct. 24, 2018, P.L.685, No.104, eff. 60 days; May 15, 2019, P.L.27, No.5, eff. 60 days)
42 Pa.C.S. § 1522 — PA Code / Title 42 / Chapter 15 / Section 1522
Notice of summary cases involving juveniles.
Status: in_force

(a) General rule.--Whenever an individual who is under 18 years of age and is not emancipated is charged with a summary offense for which jurisdiction is vested in a magisterial district judge under section 1515 (relating to jurisdiction and venue), the magisterial district judge shall mail a copy of the citation, or other appropriate written notification, to the parents or legal guardians of the individual at the time of the filing of the citation if the parents or legal guardians have not been previously notified by the police. Where the individual is not residing with a parent or legal guardian, the copy of the citation, or other appropriate written notification, shall be sent to the person with whom the individual resides if a verifiable address is available. In such cases a magisterial district judge shall not accept a plea or schedule a hearing before 72 hours has lapsed from the time of the mailing of the notice as required under this section. Failure to provide notice under this section shall not constitute grounds for dismissal of the summary offense.

(b) Vehicle offenses.--Nothing in this section shall apply to violations of Title 75 (relating to vehicles), except for 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked).

(c) Identification of juveniles.--Pennsylvania State Police and local police shall assist magisterial district judges in complying with the requirements of this section by indicating, through conspicuous notation on citations, that the offense was committed by a juvenile and whether the police have notified the parents or legal guardian. (Feb. 14, 1990, P.L.59, No.9, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsecs. (a) and (c). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1990 Amendment. Act 9 added section 1522.
42 Pa.C.S. § 8932 — PA Code / Title 42 / Chapter 89 / Section 8932
Nolle prosequi or settlement.
Status: in_force

After the commencement of a criminal matter by the filing of an information or otherwise, the district attorney shall not enter a nolle prosequi or dispose of the matter or discharge a prisoner from custody by means of a proceeding in lieu of a plea or trial without having obtained the approval of the court. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 8932.
42 Pa.C.S. § 2703 — PA Code / Title 42 / Chapter 27 / Section 2703
Notice of transfer of functions and duties.
Status: in_force

Whenever pursuant to section 2756(b)(2) (relating to exceptions) a clerk of the courts files a waiver of any functions and duties ordinarily incident to his office, the order of court appointing another officer or other person to perform such functions and duties entered pursuant to this chapter shall not be valid for any purpose until filed in the Administrative Office. The Administrative Office shall cause all such orders to be published in the Pennsylvania Code.
42 Pa.C.S. § 8324 — PA Code / Title 42 / Chapter 83 / Section 8324
Right of contribution.
Status: in_force

(a) General rule.--The right of contribution exists among joint tort-feasors.

(b) Payment required.--A joint tort-feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.

(c) Effect of settlement.--A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.
42 Pa.C.S. § 6604 — PA Code / Title 42 / Chapter 66 / Section 6604
Prospective relief.
Status: in_force

(a) General rule.--Prospective relief in prison conditions litigation shall extend no further than necessary to correct the violation of Pennsylvania law. The court shall not grant or approve prospective relief unless the relief is narrowly drawn, extends no further than necessary and is the least

intrusive means necessary to correct the violation of Pennsylvania law. The court shall give substantial weight to any adverse impact on public safety, prison operations or the operation of the criminal justice system.

(b) Conformity.--The court shall not order any prospective relief that requires or permits a government official to exceed authority under or otherwise violate Pennsylvania law or the law of a political subdivision unless the relief meets all of the following:

(1) Is required by Pennsylvania law.

(2) Is necessary to correct the violation.

(3) Is the only relief which will correct the violation.

(c) Limitation.--Nothing in this section shall be construed to authorize the court to order the construction of prisons or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts.

(d) Private settlement agreements.--The provisions of this section shall not apply to private settlement agreements. Cross References. Section 6604 is referred to in section 6605 of this title.
42 Pa.C.S. § 2771 — PA Code / Title 42 / Chapter 27 / Section 2771
Clerk of the orphans' court division.
Status: in_force

(a) General rule.--In each county of this Commonwealth there shall be one clerk of the orphans' court division, who shall be known as the "Clerk of the Orphans' Court Division of the Court of Common Pleas of (the respective) County."

(b) Multicounty judicial districts.--In multicounty judicial districts the clerk of the orphans' court division shall be the clerk of the orphans' court division of the branch of the court of common pleas established for the county.
42 Pa.C.S. § 8302 — PA Code / Title 42 / Chapter 83 / Section 8302
Survival action.
Status: in_force

All causes of action or proceedings, real or personal, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants. Cross References. Section 8302 is referred to in section 3371 of Title 20 (Decedents, Estates and Fiduciaries).
42 Pa.C.S. § 4901 — PA Code / Title 42 / Chapter 49 / Section 4901
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Access to Justice Act.
42 Pa.C.S. § 5902 — PA Code / Title 42 / Chapter 59 / Section 5902
Effect of religious beliefs.
Status: in_force

(a) Religious opinions not to disqualify.--The capacity of any person to testify in any judicial proceeding shall not be affected by his opinions on matters of religion.

(b) Religious belief may not be shown.--No witness shall be questioned, in any judicial proceeding, concerning his religious belief; nor shall any evidence be heard upon the subject, for the purpose of affecting either his competency or credibility.

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

"Judicial proceedings." Includes all matters of whatever nature, relating to practice in or authorized by any tribunal whether of record or not of record, within this Commonwealth.

"Witness." Includes every person who shall make statements, either oral or written, in any judicial proceeding.
42 Pa.C.S. § 8303 — PA Code / Title 42 / Chapter 83 / Section 8303
Action for performance of a duty required by law.
Status: in_force

A person who is adjudged in an action in the nature of mandamus to have failed or refused without lawful justification to perform a duty required by law shall be liable in damages to the person aggrieved by such failure or refusal.
42 Pa.C.S. § 2152 — PA Code / Title 42 / Chapter 21 / Section 2152
Composition of commission.
Status: in_force

(a) Members.--The commission shall consist of the following:

(1) One individual selected by the Speaker of the House of Representatives, who shall be a district attorney.

(2) One individual selected by the President pro tempore of the Senate, who shall be a defense attorney.

(3) Two judges of courts of record selected by the Chief Justice of Pennsylvania.

(4) Two judges of courts of record, one of whom shall be selected by the President Judge of Commonwealth Court and one of whom shall be selected by the President Judge of Superior Court.

(5) One individual selected by the Chief Justice of Pennsylvania, who shall be a professor of law knowledgeable in criminal sentencing.

(6) One member of the Senate selected by the President pro tempore of the Senate.

(7) One member of the Senate selected by the Minority Leader of the Senate.

(8) One member of the House of Representatives selected by the Majority Leader of the House of Representatives.

(9) One member of the House of Representatives selected by the Minority Leader of the House of Representatives.

(b) Ex officio members.--The Secretary of Corrections and the chairperson of the board, during their tenure in their respective positions, shall serve as ex officio nonvoting members of the commission.

(c) Terms of office.--The members of the commission shall serve for terms of two years and until a successor has been

selected and qualified. A vacancy on the commission shall be filled for the balance of the term.

(d) Chairperson and Executive Director.--The commission shall select a chairperson from its members and an Executive Director. The chairperson shall:

(1) Preside at meetings of the commission.

(2) Direct the preparation of requests for appropriations for the commission and the use of funds made available to the commission.

(e) Meetings and quorum.--

(1) The commission shall meet at least four times a year and not less than semiannually to establish the commission's general policies and rules.

(2) The commission shall be deemed an "agency" within the meaning of and shall be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(3) Seven commissioners shall constitute a quorum for the purpose of adopting proposed initial and subsequent guidelines. A majority of commissioners shall constitute a quorum for all other purposes.

(4) Minutes of meetings shall be kept by the Executive Director and filed at the executive office of the commission.

(f) Records of action.--Except as otherwise provided by law, the commission shall maintain and make available for public inspection a record of the final vote of each member on any action taken by the commission.

(g) Expenses.--Each commissioner shall be entitled to reimbursement for each commissioner's accountable expenses incurred while engaged in the business of the commission.

(h) Competency to testify.--In a judicial, administrative or similar proceeding, a commissioner or commission staff shall not be competent to testify and may not be required to produce records or other discovery as to any statement, conduct, decision or deliberation occurring during the course of official business, to the same extent as a legislator or legislative staff of this Commonwealth acting in a legislative capacity. (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 added present section 2152. 2019 Repeal. Act 15 repealed former section 2152.
42 Pa.C.S. § 9736 — PA Code / Title 42 / Chapter 97 / Section 9736
Report of psychiatric evaluation.
Status: in_force

The court may order the defendant to submit to psychiatric observation and examination for a period not exceeding 60 days. The defendant may be remanded for this purpose to any available clinic or mental hospital or other institution or the court may appoint a qualified psychiatrist to make the examination. Suspension by Court Rule. Section 9736 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 Pa.C.S. § 7374 — PA Code / Title 42 / Chapter 73 / Section 7374
Applicable law.
Status: in_force

(a) Revised Statutory Arbitration Act.--

(1) Subject to paragraph (2), the law applicable to arbitration is Subchapter A.1 (relating to revised statutory arbitration).

(2) If there is a conflict between Subchapter A.1 and this subchapter, this subchapter controls.

(b) Choice of law.--In determining the merits of a family law dispute, an arbitrator shall apply the law of this Commonwealth, including its choice of law rules.
42 Pa.C.S. § 702.1 — PA Code / Title 42 / Chapter 7 / Section 702.1
Expedited appeals in eminent domain proceedings.
Status: in_force

When a court in an eminent domain proceeding rules on preliminary objections to a declaration of taking and is of the opinion that the matters involved are of immediate public importance, it shall, upon request of a party, so state in the order. If an appeal is taken from that order, the appellate court shall give priority to the determination of the issues raised by the appeal. (May 4, 2006, P.L.112, No.34, eff. 120 days) 2006 Amendment. Act 34 added section 702.1. Section 6(1) of Act 34 provided that, except as provided in par. (2), Act 34 shall apply to all condemnations effected on or after the effective date of section 6.
42 Pa.C.S. § 9799.9 — PA Code / Title 42 / Chapter 97 / Section 9799.9
Photographs and fingerprinting (Expired).
Status: reserved

2012 Expiration. Section 9799.9 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. § 7321.4 — PA Code / Title 42 / Chapter 73 / Section 7321.4
When subchapter applies.
Status: in_force

(a) Subsequent agreements.--This subchapter governs an agreement to arbitrate made on or after the effective date of this subchapter.

(b) Prior agreements.--For an agreement to arbitrate made before the effective date of this subchapter, except as set forth in subsection (c):

(1) If all the parties to the agreement or to the arbitration proceeding agree in a record that this subchapter governs the agreement, this subchapter governs the agreement.

(2) If paragraph (1) does not apply, Subchapter A (relating to statutory arbitration) governs the agreement.

(c) Collective bargaining agreements.--This subchapter shall apply to collective bargaining agreements to arbitrate controversies between employers and employees or their respective representatives only to the extent that the arbitration under this subchapter is consistent with any other statute regulating labor and management relations. Cross References. Section 7321.4 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 5929 — PA Code / Title 42 / Chapter 59 / Section 5929
Physicians not to disclose information.
Status: in_force

No physician shall be allowed, in any civil matter, to disclose any information which he acquired in attending the patient in a professional capacity, and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient, without consent of said patient, except in civil matters brought by such patient, for damages on account of personal injuries.
42 Pa.C.S. § 2702 — PA Code / Title 42 / Chapter 27 / Section 2702
Place of filing of documents.
Status: in_force

Where jurisdiction of any matter is by law vested in a court of common pleas or in the Philadelphia Municipal Court, all applications for relief or other documents relating to the matter shall be filed in or transferred to the office of the clerk of the court of common pleas and handled by the appropriate office specified by or pursuant to this chapter.
42 Pa.C.S. § 6309 — PA Code / Title 42 / Chapter 63 / Section 6309
Juvenile history record information.
Status: in_force

(a) Applicability of Criminal History Record Information Act.--Except for 18 Pa.C.S. §§ 9105 (relating to other criminal justice information), 9112(a) and (b) (relating to mandatory fingerprinting), 9113 (relating to disposition reporting by criminal justice agencies) and 9121(b) (relating to general regulations), the remaining provisions of 18 Pa.C.S. Ch. 91 (relating to criminal history record information) shall apply to all alleged delinquents and adjudicated delinquents whose fingerprints and photographs are taken pursuant to section 6308(c) (relating to law enforcement records) and to any juvenile justice agency which collects, maintains, disseminates or receives juvenile history record information. The disclosure to the public of the contents of law enforcement records and files concerning a child shall be governed by section 6308(b).

(b) Central repository.--The Pennsylvania State Police shall establish a Statewide central repository of fingerprints, photographs and juvenile history record information of alleged delinquents and adjudicated delinquents whose fingerprints and photographs are taken pursuant to section 6308(c).

(c) Fingerprints and photographs.--The arresting authority shall ensure that the fingerprints and photographs of alleged and adjudicated delinquents whose fingerprints and photographs have been taken by the arresting authority pursuant to section 6308(c) are forwarded to the central repository as required by the Pennsylvania State Police.

(d) Disposition reporting.--The division or judge of the court assigned to conduct juvenile hearings shall, within seven days after disposition of a case where the child has been alleged to be delinquent, notify the arresting authority of the disposition of the case. The disposition of cases where a child has been alleged to be delinquent, including the disposition of cases resulting in an adjudication of delinquency, shall be provided to the Pennsylvania State Police for inclusion in the central repository as determined by the Administrative Office of Pennsylvania Courts in consultation with the Juvenile Court Judges' Commission. In addition, the Juvenile Court Judges' Commission shall be provided with information pertaining to the cases of children who have been alleged to be delinquent as the commission determines necessary to fulfill its responsibilities under section 6373 (relating to powers and duties).

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

"Criminal history record information." In addition to the meaning in 18 Pa.C.S. § 9102 (relating to definitions), the term includes the meaning of juvenile history record information as defined in this subsection.

"Juvenile history record information." Information collected pursuant to this section concerning alleged delinquents and adjudicated delinquents whose fingerprints and photographs are taken pursuant to section 6308(c) and arising from an allegation of delinquency, consisting of identifiable descriptions, dates and notations of arrests or other delinquency charges and any adjudication of delinquency or preadjudication disposition other than dismissal arising therefrom. This information shall also include the last known location and the juvenile court jurisdiction status of each adjudicated delinquent. Juvenile history record information shall not include intelligence information, investigative information, treatment information, including medical and psychiatric information, caution indicator information, modus operandi information, wanted persons information, stolen property information, missing persons information, employment history information, personal history information or presentence investigation information. (Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.972, No.6, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1115, No.30, eff. 60 days; May 22, 1996, P.L.300, No.46, eff. imd.; Dec. 20, 2000, P.L.946, No.129, eff. 60 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days) 2014 Amendment. Act 138 amended subsecs. (d) and (e). Cross References. Section 6309 is referred to in section 6308 of this title.
42 Pa.C.S. § 6103 — PA Code / Title 42 / Chapter 61 / Section 6103
Proof of official records.
Status: in_force

(a) General rule.--An official record kept within this Commonwealth by any court, magisterial district judge or other government unit, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by that officer's deputy, and accompanied by a certificate that the officer has the custody. The certificate may be made by any public officer having a seal of office and having official duties with respect to the government unit in which the record is kept, authenticated by the seal of that office, or if there is no such officer, by:

(1) The Department of State, in the case of any Commonwealth agency.

(2) The clerk of the court of common pleas of the judicial district embracing any county in which the government unit has jurisdiction, in the case of any government unit other than a Commonwealth agency.

(b) Lack of record.--A written statement that after an examination of the records of the government unit no record or

entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subsection (a), is admissible as evidence that the records contain no such records or entry. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Cross References. Section 6103 is referred to in section 6104 of this title; sections 1378, 1380, 1516, 1550, 3753 of Title 75 (Vehicles).
42 Pa.C.S. § 7393 — PA Code / Title 42 / Chapter 73 / Section 7393
Enforcement of confirmed award.
Status: in_force

(a) This Commonwealth.--A court shall enforce an award confirmed under section 7386 (relating to confirmation of award), including a temporary award, in the manner and to the same extent as any other order or judgment of a court.

(b) Other states.--A court shall enforce an arbitration award in a family law dispute confirmed by a court in another state in the manner and to the same extent as any other order or judgment from another state.
42 Pa.C.S. § 962 — PA Code / Title 42 / Chapter 9 / Section 962
Other sections.
Status: in_force

Each court of common pleas shall have such other sections as may be provided or prescribed by law.
42 Pa.C.S. § 9799.29 — PA Code / Title 42 / Chapter 97 / Section 9799.29
Administration.
Status: in_force

The Governor shall direct the Pennsylvania State Police, the board, the Department of Corrections, the Department of Transportation and any other agency of the Commonwealth that the Governor deems necessary to collaboratively design, develop and implement an integrated and secure system of communication, storage and retrieval of information to assure the timely, accurate and efficient administration of this subchapter. (Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Unconstitutionality. Section 9799.29 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.29 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
42 Pa.C.S. § 4583.1 — PA Code / Title 42 / Chapter 45 / Section 4583.1
Aggravated jury tampering.
Status: in_force

(a) Offense defined.--A person commits the offense of aggravated jury tampering if the person influences, intimidates or impedes or attempts to influence, intimidate or impede a juror in the discharge of the juror's duties in a civil or criminal trial and:

(1) The actor employs force, violence or deception or threatens to employ force or violence upon the juror or, with the requisite intent or knowledge, upon any other person.

(2) The actor offers any pecuniary or other benefit to the juror or, with the requisite intent or knowledge, to any other person.

(3) The actor's conduct is in furtherance of a conspiracy to intimidate a juror.

(4) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit to intimidate a juror.

(b) Grading.--

(1) The offense is a felony of the first degree if murder in the first degree or second degree or a felony of the first degree is the highest classification of crime submitted for deliberation to the jury of which the juror is a member.

(2) The offense is a felony of the second degree if a felony of the second degree is the highest classification of crime submitted for deliberation to the jury of which the juror is a member.

(3) The offense is a felony of the third degree for any other violation of this section. (Dec. 10, 2001, P.L.855, No.90, eff. 60 days) 2001 Amendment. Act 90 added section 4583.1.
42 Pa.C.S. § 6331 — PA Code / Title 42 / Chapter 63 / Section 6331
Release from detention or commencement of proceedings.
Status: in_force

If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that his detention or shelter care is warranted or required under section 6325 (relating to detention of child). The release of the child shall not prevent the subsequent filing of a petition as provided in this chapter. If he is not so released, a petition shall be promptly made and presented to the court within 24 hours or the next court business day of the admission of the child to detention or shelter care. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Suspension by Court Rule. Section 6331 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(11), amended December 30, 2005, insofar as it is inconsistent with Rule 242 relating to detention hearing. Section 6331 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(7), adopted August 21, 2006, insofar as it is inconsistent with Rules 1242 and 1330(A) relating to general conduct of shelter care hearing and petition: filing, contents, function, aggravated circumstances.

Cross References. Section 6331 is referred to in section 6304 of this title.
42 Pa.C.S. § 8355 — PA Code / Title 42 / Chapter 83 / Section 8355
Certification of pleadings, motions and other papers.
Status: in_force

Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name and his address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion or other paper and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certification by him that he has read the pleading, motion or other paper; that, to the best of his knowledge, information and belief, it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification or reversal of existing law; and that it is not interposed in bad faith or for any improper purpose, such as to harass another, to maliciously injure another or to cause unnecessary delay or increase in the cost of litigation. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion or other paper is signed in violation of this section, the court shall award to the successful party costs and reasonable attorney fees and may, in addition, impose a civil penalty which shall not exceed $10,000. Such costs, fees and civil penalty shall be in addition to any other judgment awarded to the successful party and shall be imposed upon the person who signed the pleading, motion or other paper, or a represented party, or both. This section is in addition to and shall not be construed to limit any other remedies or sanctions provided by law. (Feb. 7, 1990, P.L.11, No.6, eff. 60 days) 1990 Amendment. Act 6 added section 8355. Suspension by Court Rule. Section 8355 was suspended by Pennsylvania Rule of Civil Procedure No. 1023(d), adopted March 11, 1991. Rule 1023 was rescinded April 22, 2002, effective July 1, 2002. Section 8355 was suspended by Pennsylvania Rule of Civil Procedure No. 1023.1(e), adopted April 22, 2002.
42 Pa.C.S. § 5554 — PA Code / Title 42 / Chapter 55 / Section 5554
Tolling of statute.
Status: in_force

Except as provided by section 5553(e) (relating to disposition of proceedings within two years), the period of limitation does not run during any time when:

(1) the accused is continuously absent from this Commonwealth or has no reasonably ascertainable place of abode or work within this Commonwealth;

(2) a prosecution against the accused for the same conduct is pending in this Commonwealth; or

(3) a child is under 18 years of age, where the crime involves injuries to the person of the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child's parents or by a person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 10, 1985, P.L.193, No.49, eff. 60 days)
42 Pa.C.S. § 1730 — PA Code / Title 42 / Chapter 17 / Section 1730
Boards, councils, commissions and committees.
Status: in_force

The governing authority shall have power by general rules or by order to establish and discontinue boards, councils, commissions, committees or other bodies composed of personnel of the system and other persons to consider, report or take action on any subject specified in such general rules or order affecting the organization or operation of the unified judicial system and the offices related to and serving the system. Existing Boards, Etc. See section 14 of Act 142 of 1976 in the appendix to this title for special provisions relating to the continuation of existing judicial boards, commissions and committees. Cross References. Section 1730 is referred to in section 1721 of this title.
42 Pa.C.S. § 7308 — PA Code / Title 42 / Chapter 73 / Section 7308
Representation by attorney.
Status: in_force

A party has the right to be represented by an attorney at any proceeding or hearing under this subchapter. A waiver thereof prior to the proceeding or hearing is ineffective.
42 Pa.C.S. § 9799.63 — PA Code / Title 42 / Chapter 97 / Section 9799.63
Information made available on Internet and electronic notification.
Status: in_force

(a) Legislative findings.--It is hereby declared to be the finding of the General Assembly that public safety will be enhanced by making information about sexually violent predators, lifetime registrants and other sex offenders available to the public through the Internet and electronic notification. Knowledge of whether a person is a sexually violent predator, lifetime registrant or other sex offender could be a significant factor in protecting oneself and one's family members, or those in care of a group or community organization, from recidivist acts by sexually violent predators, lifetime registrants and other sex offenders. The technology afforded by the Internet and electronic notification would make this information readily accessible to parents and private entities, enabling them to undertake appropriate remedial precautions to prevent or avoid placing potential victims at risk. Public access to information about sexually violent predators, lifetime registrants and other sex offenders is intended solely as a means of public protection and shall not be construed as punitive.

(b) Internet posting of sexually violent predators, lifetime registrants, other offenders and electronic notification.--The Commissioner of the Pennsylvania State Police shall, in the manner and form directed by the Governor:

(1) Develop and maintain a system for making the information described in subsection (c) publicly available by electronic means so that the public may, without limitation, obtain access to the information via an Internet website to view an individual record or the records of all sexually violent predators, lifetime registrants and other offenders who are registered with the Pennsylvania State Police. The publicly accessible Internet website created under this subchapter and the information required to be

posted under this subchapter shall be included on the publicly accessible Internet website created and maintained by the Pennsylvania State Police under Subchapter H (relating to registration of sexual offenders).

(2) Ensure that the Internet website contains warnings that a person who uses the information contained on the Internet website to threaten, intimidate or harass another or who otherwise misuses that information may be criminally prosecuted.

(3) Ensure that the Internet website contains:

(i) An explanation of its limitations, including statements advising that a positive identification of a sexually violent predator, lifetime registrant or other offender whose record has been made available may be confirmed only by fingerprints.

(ii) A statement that some information contained on the Internet website may be outdated or inaccurate.

(iii) A statement that the Internet website is not a comprehensive listing of every person who has ever committed a sex offense in Pennsylvania.

(4) Strive to ensure that:

(i) the information contained on the Internet website is accurate;

(ii) the data on the Internet website is revised and updated as appropriate in a timely and efficient manner; and

(iii) instructions are included on how to seek correction of information which a person contends is erroneous.

(5) Provide on the Internet website general information designed to inform and educate the public about sex offenders and sexually violent predators and the operation of this subchapter as well as pertinent and appropriate information concerning crime prevention and personal safety, with appropriate links to other relevant Internet websites operated by the Commonwealth.

(6) Identify when the victim is a minor with a special designation. The identity of a victim of a sex offense shall not be published or posted on the Internet website.

(7) Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information), develop, implement and maintain a process which allows members of the public to receive electronic notification when an individual required to register under this subchapter moves into or out of a user-designated location.

(c) Information permitted to be disclosed regarding individuals.--Notwithstanding 18 Pa.C.S. Ch. 91, the Internet website shall contain the following information on each individual:

(1) For sexually violent predators, the following information shall be posted on the Internet website:

(i) name and all known aliases;

(ii) year of birth;

(iii) in the case of an individual who has a residence as defined in paragraph (1) of the definition of "residence" in section 9799.53 (relating to definitions), the street address, municipality, county and zip code of all residences, including, where applicable, the name of the prison or other place of confinement;

(iv) the street address, municipality, county, zip code and name of an institution or location at which the person is enrolled as a student;

(v) the municipality, county and zip code of an employment location;

(vi) a photograph of the individual, which shall be updated not less than annually;

(vii) a physical description of the offender, including sex, height, weight, eye color, hair color and race;

(viii) identifying marks, including scars, birthmarks and tattoos;

(ix) the license plate number and description of a vehicle owned or registered to the offender;

(x) whether the offender is currently compliant with registration requirements;

(xi) whether the victim is a minor;

(xii) a description of the offense or offenses which triggered the application of this subchapter;

(xiii) the date of the offense and conviction, if available; and

(xiv) in the case of an individual who has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53, the information listed in section 9799.56(a)(2)(i)(C) (relating to registration procedures and applicability), including, where applicable, the name of the prison or other place of confinement.

(2) For all other lifetime registrants and offenders subject to registration, the information specified in paragraph (1) shall be posted on the Internet website.

(d) Duration of Internet posting.--

(1) The information listed in subsection (c) about a sexually violent predator shall be made available on the Internet for the lifetime of the sexually violent predator.

(2) The information listed in subsection (c) about an offender who is subject to lifetime registration shall be made available on the Internet for the lifetime of the offender unless the offender is granted relief under section 9799.59 (relating to exemption from certain notifications).

(3) The information listed in subsection (c) about any other offender subject to registration shall be made available on the Internet for the entire period during which the offender is required to register, including an extension of this period under section 9799.56(a)(3). (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.63. Cross References. Section 9799.63 is referred to in sections 9799.53, 9799.56 of this title.
42 Pa.C.S. § 5335 — PA Code / Title 42 / Chapter 53 / Section 5335
Issuance of subpoena.
Status: in_force

(a) General rule.--To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a prothonotary in the jurisdiction in which the person who is the subject of the order resides, is employed or regularly transacts business in person. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth.

(b) Duty of prothonotary.--A prothonotary in receipt of a foreign subpoena shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.

(c) Contents of subpoena.--A subpoena under subsection (b) must:

(1) Incorporate the terms used in the foreign subpoena.

(2) Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(d) Voluntary compliance.--A person within this Commonwealth not served with a subpoena under this section may voluntarily give his testimony or statement or produce documents or other things for use in a matter before a tribunal outside this Commonwealth. Cross References. Section 5335 is referred to in section 5337 of this title.
42 Pa.C.S. § 8322 — PA Code / Title 42 / Chapter 83 / Section 8322
Definition.
Status: in_force

As used in this subchapter "joint tort-feasors" means two or more persons jointly or severally liable in tort for the same injury to persons or property, whether or not judgment has been recovered against all or some of them.
42 Pa.C.S. § 5307 — PA Code / Title 42 / Chapter 53 / Section 5307
Status.
Status: in_force

The judicial jurisdiction over status granted to the courts of this Commonwealth by the Constitution and statutes of this Commonwealth may be exercised:

(1) to the extent permitted by the Constitution of the United States, except as limited by the Constitution and laws of this Commonwealth; and

(2) in the manner permitted by the laws of this Commonwealth. Cross References. Section 5307 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 8124 — PA Code / Title 42 / Chapter 81 / Section 8124
Exemption of particular property.
Status: in_force

(a) Goods.--The following personal property of the judgment debtor shall be exempt from attachment or execution on a judgment:

(1) Wearing apparel.

(2) Bibles and school books.

(3) Sewing machines belonging to seamstresses or used and owned by private families, but not including sewing machines kept for sale or hire.

(4) Uniforms and accoutrements as provided by 51 Pa.C.S. § 4103 (relating to exemption of uniforms and equipment).

(b) Retirement funds and accounts.--

(1) Except as provided in paragraph (2), the following money or other property of the judgment debtor shall be exempt from attachment or execution on a judgment:

(i) Certain amounts payable under the Public School Employees' Retirement Code as provided by 24 Pa.C.S. § 8533 (relating to taxation, attachment and assignment of funds).

(ii) Certain amounts payable under the State Employees' Retirement Code as provided by 71 Pa.C.S. § 5953 (relating to taxation, attachment and assignment of funds).

(iii) The retirement allowance provided for in the act of May 24, 1893 (P.L.129, No.82).

(iv) Compensation or pension provided for in the act of May 20, 1915 (P.L.566, No.242).

(v) Compensation or pension provided for in the act of May 28, 1915 (P.L.596, No.259).

(vi) The retirement allowance, contributions and returned contributions under the act of February 1, 1974 (P.L.34, No.15), known as the "Pennsylvania Municipal Retirement Law."

(vii) Any pension or annuity, whether by way of a gratuity or otherwise, granted or paid by any private corporation or employer to a retired employee under a plan or contract which provides that the pension or annuity shall not be assignable.

(viii) Any retirement or annuity fund of any self-employed person (to the extent of payments thereto made while solvent, but not exceeding the amount actually excluded or deducted as retirement funding for Federal income tax purposes) and the appreciation thereon, the

income therefrom and the benefits or annuity payable thereunder.

(ix) Any retirement or annuity fund provided for under section 401(a), 403(a) and (b), 408, 408A, 409 or 530 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a), 403(a) and (b), 408, 408A, 409 or 530), the appreciation thereon, the income therefrom, the benefits or annuity payable thereunder and transfers and rollovers between such funds. This subparagraph shall not apply to:

(A) Amounts contributed by the debtor to the retirement or annuity fund within one year before the debtor filed for bankruptcy. This shall not include amounts directly rolled over from other funds which are exempt from attachment under this subparagraph.

(B) Amounts contributed by the debtor to the retirement or annuity fund in excess of $15,000 within a one-year period. This shall not include amounts directly rolled over from other funds which are exempt from attachment under this subparagraph.

(C) Amounts deemed to be fraudulent conveyances.

(2) The exemptions provided by paragraph (1)(i) through

(vi) shall be subject to any inconsistent provision of the act of July 8, 1978 (P.L.752, No.140), known as the "Public Employee Pension Forfeiture Act."

(c) Insurance proceeds.--The following property or other rights of the judgment debtor shall be exempt from attachment or execution on a judgment:

(1) Certain amounts paid, provided or rendered by a fraternal benefit society as provided by 40 Pa.C.S. § 6531 (relating to benefits not attachable).

(2) Claims and compensation payments under the act of June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania Workmen's Compensation Law," except as otherwise provided in the act.

(3) Any policy or contract of insurance or annuity issued to a solvent insured who is the beneficiary thereof, except any part thereof exceeding an income or return of $100 per month.

(4) Any amount of proceeds retained by the insurer at maturity or otherwise under the terms of an annuity or policy of life insurance if the policy or a supplemental agreement provides that such proceeds and the income therefrom shall not be assignable.

(5) Any policy of group insurance or the proceeds thereof.

(6) The net amount payable under any annuity contract or policy of life insurance made for the benefit of or assigned to the spouse, children or dependent relative of the insured, whether or not the right to change the named beneficiary is reserved by or permitted to the insured. The preceding sentence shall not be applicable to the extent the judgment debtor is such spouse, child or other relative.

(7) The net amount payable under any accident or disability insurance.

(8) Certain amounts paid, provided or rendered by a fraternal benefit society as provided by section 305 of the act of July 29, 1977 (P.L.105, No.38), known as the

"Fraternal Benefit Society Code."

(9) Certain amounts paid, provided or rendered under the provisions of section 106(f) of the act of July 19, 1974

(P.L.489, No.176), known as the "Pennsylvania No-fault Motor Vehicle Insurance Act."

(10) Certain amounts paid, provided or rendered under the provisions of section 703 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the

"Unemployment Compensation Law." (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1990, P.L.531, No.128, eff. 60 days; Feb. 18, 1998, P.L.170, No.26, eff. imd.; Dec. 20, 2000, P.L.742, No.105, eff. 60 days) 2000 Amendment. Act 105 amended subsec. (b)(1)(ix). 1982 Amendment. Act 326 added subsec. (c)(9) and (10). 1980 Amendment. Act 142 reenacted and amended subsec. (b), retroactive to the effective date of the act of July 8, 1978, P.L.752, No.140, known as the Public Employee Pension Forfeiture Act, and added subsec. (c)(8). Section 210(d) of Act 142 provided that, notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of (the amendment affecting subsec. (b)) to restore such provisions to their status prior to the partial repeal effected by section 5 of the Public Employee Pension Forfeiture Act except as otherwise expressly provided by such provisions as reenacted and amended hereby. 1984 Partial Repeal. Section 8 of the act of February 12, 1984, P.L.26, No.11, relating to motor vehicle financial responsibility, repealed section 8124(c)(9) insofar as it is inconsistent with Act 11. References in Text. The act of July 19, 1974, P.L.489, No.176, known as the Pennsylvania No-fault Motor Vehicle Insurance Act, referred to in subsec. (c)(9), was repealed by the act of February 12, 1984, P.L.26, No.11. The subject matter is now contained in Chapter 17 of Title 75 (Vehicles). Section 305 of the act of July 29, 1977, P.L.105, No.38, known as the Fraternal Benefit Society Code, referred to in subsec. (c)(8), was repealed by the act of Dec. 14, 1992, P.L.835, No.134, known as the Fraternal Benefit Societies Code, which was repealed by the act of July 10, 2002, P.L.749, No.110. The subject matter is now contained in section 2433 of the act of May 17, 1921, P.L.682, No.284, known as The Insurance Company Law of 1921. Section 6531 of Title 40 (Insurance), referred to in subsec.

(c)(1), was repealed by the act of Dec. 14, 1992, P.L.835, No.134, known as the Fraternal Benefit Societies Code, which was repealed by the act of July 10, 2002, P.L.749, No.110. The subject matter is now contained in section 2433 of the act of May 17, 1921, P.L.682, No.284, known as The Insurance Company Law of 1921. The short title of the act of June 2, 1915, P.L.736, No.338, known as The Pennsylvania Workmen's Compensation Law, referred to in subsec. (c)(2), was amended by the act of July 2, 1993, P.L.190, No.44. The amended short title is now the Workers' Compensation Act.
42 Pa.C.S. § 3542 — PA Code / Title 42 / Chapter 35 / Section 3542
Receipts.
Status: in_force

(a) General rule.--Except as otherwise provided by
42 Pa.C.S. § 5105 — PA Code / Title 42 / Chapter 51 / Section 5105
Right to appellate review.
Status: in_force

(a) General rule.--There is a right of appeal under this subsection from the final order (including an order defined as a final order by general rule) of every:

(1) Court or magisterial district judge of this Commonwealth to the court having jurisdiction of such appeals.

(2) Government unit which is an administrative agency within the meaning of section 9 of Article V of the Constitution of Pennsylvania to the court having jurisdiction of such appeals. An order is appealable under this paragraph notwithstanding the fact that it is not appealable under
42 Pa.C.S. § 9720.6 — PA Code / Title 42 / Chapter 97 / Section 9720.6
Sentencing for arson offenses.
Status: in_force

The Pennsylvania Commission on Sentencing shall provide for a sentencing enhancement for arson offenses if any of the following factors are present:

(1) bodily injury results to a firefighter, police officer or other person actively engaged in fighting the fire;

(2) serious bodily injury results to a civilian;

(3) more than three people were present inside the property at the time of the offense;

(4) the fire caused more than $1,000,000 in property damage; or

(5) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa.C.S. § 5515(a) (relating to prohibiting of paramilitary training). (Feb. 25, 2014, P.L.33, No.16, eff. 60 days) 2014 Amendment. Act 16 added section 9720.6.
42 Pa.C.S. § 9146 — PA Code / Title 42 / Chapter 91 / Section 9146
Written waiver of extradition proceedings.
Status: in_force

(a) General rule.--Any person arrested in this Commonwealth charged with having committed any crime in another state or

alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in section 9128 (relating to issue by Governor of warrant of arrest) and section 9129 (relating to manner and place of execution) and all other procedure incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this Commonwealth a writing which states that he consents to return to the demanding state. Before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus, as provided in section 9131 (relating to rights of accused person).

(b) Action following waiver.--If and when such consent has been duly executed it shall forthwith be forwarded to the office of the Governor of this Commonwealth and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent.

(c) Effect of section.--Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this Commonwealth.
42 Pa.C.S. § 8309 — PA Code / Title 42 / Chapter 83 / Section 8309
Civil rights violations.
Status: in_force

(a) Redress for personal injury.--A person who incurs injury to his person or damage or loss to his property as a result of conduct described in 18 Pa.C.S. § 2710 (relating to ethnic intimidation) or 3307 (relating to institutional vandalism) shall have a right of action against the actor for injunction, damages or other appropriate civil or equitable relief. In the action, the issue of whether the defendant engaged in the conduct alleged shall be determined according to the burden of proof used in other civil actions for similar relief. The plaintiff may seek recovery for any of the following:

(1) General and special damages, including damages for emotional distress. Damages under this paragraph shall be actual damages or $500, whichever is greater.

(2) Punitive damages.

(3) Reasonable attorney fees and costs.

(4) Injunctive and other equitable relief.

(5) Such other relief which the court deems necessary and proper.

(b) Redress sought by public official on behalf of others.--When conduct which would constitute a violation of 18 Pa.C.S. § 2710 or 3307 has occurred, the district attorney of the county in which the violation took place or the Attorney General, after consulting with the district attorney, may institute a civil action for injunctive or other equitable relief if needed to protect any person or property. The civil action shall be brought in the name of the Commonwealth of Pennsylvania in the county where the violation occurred.

(c) Filing of court orders.--The prothonotary of the court in which a civil action is brought under subsection (a) or (b) shall transmit two certified copies of any order issued in the action to each appropriate law enforcement agency having jurisdiction over locations where the defendant is alleged to have committed the act and where the defendant resides or has his principal place of business. The sheriff of the county in which the defendant resides shall serve a copy of the order on the defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of its existence and terms. When a law enforcement officer has probable cause to believe that a defendant has violated the provisions of an order, the officer may arrest him.

(d) Contempt notice required to be part of order.--In actions brought under this section, when a court issues a temporary restraining order or a preliminary or permanent injunction ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.

(e) Penalties.--A violation of an order issued and served as set forth in this section shall be a misdemeanor of the second degree. If bodily injury results from the violation, the violation shall be a misdemeanor of the first degree.

(f) Vacated orders.--When the court vacates a temporary restraining order or a preliminary or permanent injunction issued under this section, the prothonotary shall promptly notify in writing each appropriate law enforcement agency which

had been notified of the issuance of the order and shall direct each such agency to destroy all records of the order, and the agency shall comply with the directive upon receipt of the notification. (Dec. 19, 1990, P.L.1394, No.216, eff. 60 days) 1990 Amendment. Act 216 added section 8309.
42 Pa.C.S. § 9136 — PA Code / Title 42 / Chapter 91 / Section 9136
Commitment to await requisition.
Status: in_force

If from the examination before the judge or issuing authority it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of crime), that he has fled from justice, the judge or issuing authority must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding 30 days, and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense unless the accused give bail as provided in section 9137 (relating to bail), or until he shall be legally discharged.
42 Pa.C.S. § 5701 — PA Code / Title 42 / Chapter 57 / Section 5701
Right to bail.
Status: in_force

All prisoners shall be bailable by sufficient sureties, unless:

(1) for capital offenses or for offenses for which the maximum sentence is life imprisonment; or

(2) no condition or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great. (Aug. 27, 2009, P.L.376, No.39, eff. imd.)
42 Pa.C.S. § 3304 — PA Code / Title 42 / Chapter 33 / Section 3304
Acting as collection agent or paid arbitrator prohibited.
Status: in_force

(a) Collection agent.--No judge or magisterial district judge shall act as agent for a person in the collection of a claim or judgment for money.

(b) Arbitrator.--No judge or magisterial district judge shall receive any fee or emolument for performing the duties of an arbitrator. (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. § 5903 — PA Code / Title 42 / Chapter 59 / Section 5903
Compensation and expenses of witnesses.
Status: in_force

(a) Scope.--The provisions of this section apply to a witness served with a subpoena to testify before any government unit (except the minor judiciary) or before the Philadelphia Municipal Court, but do not affect:

(1) The right of a witness who gives expert testimony to receive additional per diem compensation therefor.

(2) The compensation of a witness from another jurisdiction who appears to testify in a criminal proceeding in this Commonwealth by virtue of process issued under the authority of such other jurisdiction.

(b) Compensation.--Every witness, except a salaried police officer attending a coroner's inquest during working hours, shall be paid at the rate of $5 per day during the necessary period of attendance. A witness under the act of March 30, 1937 (P.L.115, No.40), known as "The First Class City Permanent Registration Act" shall be paid at the rate of $20 per day.

(c) Travel.--Every witness, except a salaried police officer attending a coroner's inquest during working hours, shall be paid mileage at the rate of 7¢ for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness.

(d) Lodging and subsistence.--When a matter is prolonged from one day to the next a witness necessarily present on both days who resides more than 50 miles by the usually-travelled route from the place named in the subpoena and who remains there overnight shall be paid commutation of lodging and subsistence for each such night in an additional amount equal to the per diem witness fee.

(e) Adjournments and postponements.--When a matter is adjourned, continued or postponed for more than one day, or is prolonged from one week to the next, a witness necessarily present both before and after such interval and who returns to the place of residence of the witness during such interval shall be paid one additional travel allowance for each such interval.

(f) Multiple matters.--A witness necessarily present for more than one matter at the same place during any day shall receive only one payment for compensation and expenses under this section.

(g) Witness not called.--A witness who attends any matter under subpoena, but who is not called to testify therein, shall receive the same compensation and expenses as if actually called to testify.

(h) Payment at time of service of subpoena.--At the time a witness is served with a subpoena for any civil matter the witness shall, upon demand, be paid the witness fee for one day and travel expense provided in this section.

(i) Certification.--The person disbursing compensation and expenses to a witness under this section may require that the witness first certify under 18 Pa.C.S. § 4904(b) (relating to statements "under penalty") that the compensation and expenses paid do not exceed the amount specified by this section. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended subsec. (a). 1978 Amendment. Act 53 added section 5903. References in Text. The act of March 30, 1937, P.L.115, No.40, known as The First Class City Permanent Registration Act, referred to in subsec. (b), was repealed by the act of

June 30, 1995, P.L.170, No.25, known as the Pennsylvania Voter Registration Act, which was repealed by the act of January 31, 2002, P.L.18, No.3. The subject matter is now contained in Title 25 (Elections). Cross References. Section 5903 is referred to in sections 6158, 7309 of this title; section 1601 of Title 25 (Elections); section 1108 of Title 65 (Public Officers).
42 Pa.C.S. § 1604 — PA Code / Title 42 / Chapter 16 / Section 1604
Powers of Court of Judicial Discipline.
Status: in_force

The Court of Judicial Discipline shall be a court of record with all the attendant duties and powers appropriate to its function as provided by section 18 of Article V of the Constitution of Pennsylvania. The court shall comply with the procedures set forth in section 18 of Article V.
42 Pa.C.S. § 7318 — PA Code / Title 42 / Chapter 73 / Section 7318
Court and jurisdiction.
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:

"Court." As used in this subchapter means any court of competent jurisdiction of this Commonwealth.

"Jurisdiction." The making of an agreement described in section 7303 (relating to validity of agreement to arbitrate) providing for arbitration in this Commonwealth confers jurisdiction on the courts of this Commonwealth to enforce the

agreement under this subchapter and to enter judgment on an award made thereunder.
42 Pa.C.S. § 9542 — PA Code / Title 42 / Chapter 95 / Section 9542
Scope of subchapter.
Status: in_force

This subchapter provides for an action by which persons convicted of crimes they did not commit and persons serving illegal sentences may obtain collateral relief. The action established in this subchapter shall be the sole means of obtaining collateral relief and encompasses all other common law and statutory remedies for the same purpose that exist when

this subchapter takes effect, including habeas corpus and coram nobis. This subchapter is not intended to limit the availability of remedies in the trial court or on direct appeal from the judgment of sentence, to provide a means for raising issues waived in prior proceedings or to provide relief from collateral consequences of a criminal conviction. Except as specifically provided otherwise, all provisions of this subchapter shall apply to capital and noncapital cases. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.)
42 Pa.C.S. § 9799.34 — PA Code / Title 42 / Chapter 97 / Section 9799.34
Duties of facilities housing sexual offenders.
Status: in_force

The Department of Corrections, a county correctional facility, an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child) and the separate, State-owned facility or unit established under
42 Pa.C.S. § 7312 — PA Code / Title 42 / Chapter 73 / Section 7312
Fees and expenses of arbitration.
Status: in_force

Unless otherwise prescribed in the agreement to arbitrate, the expenses and fees of the arbitrators and other expenses (but not including counsel fees) incurred in the conduct of the arbitration shall be paid as prescribed in the award.
42 Pa.C.S. § 4547 — PA Code / Title 42 / Chapter 45 / Section 4547
Additional investigating grand juries.
Status: in_force

Whenever the attorney for the Commonwealth determines that the volume of work of an investigating grand jury exceeds the capacity of the investigating grand jury to discharge its obligations, he may make application to the court to impanel additional investigating grand juries under the provisions of section 4543 (relating to convening county investigating grand jury) and section 4544 (relating to convening multicounty investigating grand jury).
42 Pa.C.S. § 1725.1 — PA Code / Title 42 / Chapter 17 / Section 1725.1
Costs.
Status: in_force

(a) Civil cases.--Subject to subsection (f), the costs to be charged by magisterial district judges in every civil case, except as otherwise provided in this section, shall be as follows: $30.00

(1) Actions involving $500 or less......

(2) Actions involving more than $500 but not more than $2,000.......................... $40.00

(3) Actions involving more than $2,000 but not more than $4,000...................... $50.00

(4) Actions involving more than $4,000 but not more than $12,000..................... $75.00

(5) Landlord-tenant actions involving less than $2,000................................... $45.00

(6) Landlord-tenant actions involving more than $2,000 but not more than $4,000......... $55.00

(7) Landlord-tenant actions involving more than $4,000 but not more than $12,000........ $75.00 $22.50

(8) Order of execution................... $10.00

(9) Objection to levy.................... $ 5.00

(10) Reinstatement of complaint......... Such costs shall include all charges except the costs of a magisterial district judge's transcript of every proceeding on appeal or certiorari (including affidavit and certificate) which shall be $2.50 per transcript. Said costs shall not include, however, the cost of postage and registered mail which shall be borne by the plaintiff.

(a.1) Custody cases.--Except as provided in section 1725(c)(2)(v) (relating to establishment of fees and charges) and subject to subsection (f), in a custody case, the court of common pleas shall, in addition to the cost provided by general rule, assess a cost of $5.00. Eighty percent of the funds generated by the charge under this subsection shall be transmitted by the prothonotary to the Administrative Office to pay for the implementation of section 1904 (relating to availability of criminal charge information in child custody proceedings).

(b) Criminal cases.--Subject to subsection (f), the costs to be charged by the minor judiciary or by the court of common pleas where appropriate in every criminal case, except as otherwise provided in this section, shall be as follows:

(1) Summary conviction, except motor vehicle cases................................. $28.50

(2) Summary conviction, motor vehicles cases, other than paragraph (3).............. $22.50

(3) Summary conviction, motor vehicle cases, hearing demanded....................... $27.50 $32.50

(4) Misdemeanor.......................... $37.50

(5) Felony............................... Such costs shall include all charges including the costs of giving a magisterial district judge's transcript to the prosecutor or defendant, or both, if requested. Such costs shall not include, however, the cost of postage and registered mail which shall be paid by the defendant upon conviction.

(c) Unclassified costs or charges.--Subject to subsection

(f), the costs to be charged by the minor judiciary in the following instances not readily classifiable shall be as follows:

(1) Entering transcript of judgment from another member of the minor judiciary........ $ 5.00

(2) Marrying each couple, making record thereof, and certificate to the parties...... $25.00

(3) Granting emergency relief pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse)......................................... $10.00

(4) Issuing a search warrant (except as provided in subsection

(d)).................. $10.00

(5) Any other issuance not otherwise provided for in this subsection.............. $10.00

(d) Search warrants.--In every case where a search warrant is requested by a police officer, constable or other peace officer engaged as such in the employ or service of the Commonwealth or any of its political subdivisions, no cost or charge shall be assessed against such officer, the Commonwealth or political subdivision for the issuance of such search warrant.

(e) Fish and boating offenses.--

(1) Except as provided in paragraph (2), any person convicted of a summary offense under Title 30 (relating to fish) shall, in addition to the fine imposed, be sentenced to pay $10 as costs of the issuing authority which costs shall include all charges including, when called for, the costs of postage and registered or certified mail and the costs of giving a transcript to the prosecutor or defendant, or both, if requested.

(2) Where the person charged with a summary offense under Title 30 demands a hearing, the costs of the issuing authority shall be $15, which costs shall include all charges including the charges specified in paragraph (1).

(f) Annual increase in costs.--

(1) Except as provided in paragraph (2), beginning on January 1, 1994, and each January 1 thereafter, the costs under subsections (a), (b) and (c) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for the immediate preceding calendar year which shall be published in the Pennsylvania Bulletin annually by the Supreme Court on or before the preceding November 30. This subsection shall expire January 1, 2025.

(2) For the cost increase to be effective for calendar year 2002 only, the costs under subsections (a), (b) and (c) shall be increased by the percentage of increase in the Consumer Price Index for Urban Workers for calendar year 2000 which shall be published by the Supreme Court in the Pennsylvania Bulletin as soon as possible after enactment. The increase for calendar year 2002 only shall be effective one month after publication in the Pennsylvania Bulletin. (July 20, 1979, P.L.157, No.52, eff. 60 days; July 10, 1980, P.L.513, No.106, eff. imd.; Dec. 13, 1982, P.L.1141, No.260, eff. Jan 1, 1983; Dec. 20, 1982 P.L.1409, No.326, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; Oct. 7, 1996, P.L.691, No.119, eff. 120 days; Dec. 17, 2001, P.L.944, No.113, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 7, 2011, P.L.207, No.30, eff. imd.) 2024 Partial Repeal. Section 21(14) of Act 54 provided that subsec. (f)(1) is repealed insofar as it is inconsistent with the addition of section 1781-E(c) and (d) of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2024 Expiration. Section 16 of Act 54 added section 1781-E(c) and (d) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, which provided that subsec. (f)(1) shall expire on January 1, 2040.

Amendment . Act 30 amended subsec. (a)(4) and (7). 2010 Amendment. Section 4(1) of Act 96 provided that the reenactment and amendment of subsec. (f)(1) shall apply to costs imposed on or after the effective date of section 4(1). 2004 Amendment. Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 2001 Amendment. Act 113 reenacted and amended the entire section, retroactive to January 1, 2001. 1992 Amendment. See sections 5 and 6 of Act 167 in the appendix to this title for special provisions relating to increases in court costs and revision of official revenue estimate.

Cross References. Section 1725.1 is referred to in sections 1725.2, 1904, 3571, 3733 of this title; section 925 of Title 34 (Game); sections 3111, 4309, 4581 of Title 75 (Vehicles).
42 Pa.C.S. § 3731 — PA Code / Title 42 / Chapter 37 / Section 3731
Establishment of restricted receipt account.
Status: in_force

There is hereby established within the General Fund a restricted receipt account to be known as the Judicial Computer System Augmentation Account. Cross References. Section 3731 is referred to in section 3733 of this title.
42 Pa.C.S. § 8320 — PA Code / Title 42 / Chapter 83 / Section 8320
Commemorative service demonstration action.
Status: in_force

(a) Civil action.--In addition to any other right of action and any other remedy provided by law, an individual aggrieved by the offense defined in 18 Pa.C.S. § 7517 (relating to commemorative service demonstration activities) may bring a civil action in any court of competent jurisdiction to obtain appropriate relief.

(b) General relief.--In a civil action brought under this section, the aggrieved individual may recover general and

special damages, including damages for emotional distress, punitive damages, reasonable attorney fees and other costs associated with the litigation, and such other relief that the court deems necessary and proper.

(c) Injunctive relief.--Upon a showing of cause for the issuance of injunctive relief, a court may issue temporary restraining orders, preliminary injunctions and permanent injunctions as may be appropriate under this section. During any period that an action under this section is pending, a court may order the cessation of the activity forming the basis of the complaint. (June 30, 2006, P.L.288, No.63, eff. 60 days) 2006 Amendment. Act 63 added section 8320.
42 Pa.C.S. § 3119 — PA Code / Title 42 / Chapter 31 / Section 3119
Rules and regulations.
Status: in_force

The board shall have the power to promulgate, with the approval of the Supreme Court, such rules and regulations as are necessary to carry out its duties under this subchapter. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
42 Pa.C.S. § 9573 — PA Code / Title 42 / Chapter 95 / Section 9573
Time for petition; contents of petition.
Status: in_force

(a) Filing date.--Any petition under this subchapter shall be filed within 120 days of the date the trial transcript is filed with the court. The court may, for good cause shown, grant extensions of time totaling no more than 90 days.

(b) Subsequent or untimely claims.--Any claim raised after the time specified in subsection (a) shall be dismissed unless it satisfies section 9578 (relating to subsequent petitions).

(c) Evidentiary hearing.--Where the petitioner requests an evidentiary hearing, the petition shall include a signed certification as to each intended witness stating the witness's name, address, date of birth and substance of testimony and shall include any documents material to that witness's testimony. Failure to substantially comply with the requirements of this subsection shall render the proposed witness's testimony inadmissible.

(d) Discovery.--Discovery shall be permitted, and no reasonable discovery request of the petitioner shall be denied except upon demonstration of exceptional circumstances justifying denial of the discovery requests.

(e) Claim for relief.--When a claim for relief is based on an allegation of ineffective assistance of counsel as a ground for relief, any privilege concerning counsel's representation as to that issue shall be automatically terminated. Suspension by Court Order. Section 9573 was suspended August 11, 1997, S.Ct. Order.
42 Pa.C.S. § 5911 — PA Code / Title 42 / Chapter 59 / Section 5911
Competency of witnesses generally.
Status: in_force

Except as otherwise provided in this subchapter, all persons shall be fully competent witnesses in any criminal proceeding before any tribunal.
42 Pa.C.S. § 6337 — PA Code / Title 42 / Chapter 63 / Section 6337
Right to counsel.
Status: in_force

Except as provided under this section and in section 6311 (relating to guardian ad litem for child in court proceedings), a party is entitled to representation by legal counsel at all stages of any proceedings under this chapter and if he is without financial resources or otherwise unable to employ counsel, to have the court provide counsel for him. If a party other than a child appears at a hearing without counsel the court shall ascertain whether he knows of his right thereto and to be provided with counsel by the court if applicable. The court may continue the proceeding to enable a party to obtain counsel. Except as provided under section 6337.1 (relating to right to counsel for children in dependency and delinquency proceedings), counsel must be provided for a child. If the interests of two or more parties may conflict, separate counsel shall be provided for each of them. (May 10, 2000, P.L.74, No.18, eff. 60 days; Apr. 9, 2012, P.L.223, No.23, eff. 60 days) Suspension by Court Rule. Section 6337 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(5), amended December 30, 2005, insofar as it is inconsistent with Rule 152 relating to waiver of counsel. Section 6337 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(4), adopted August 21, 2006, insofar as it is inconsistent with Rule 1152 relating to waiver of counsel. Cross References. Section 6337 is referred to in section 6311 of this title; sections 6315, 6368 of Title 23 (Domestic Relations).
42 Pa.C.S. § 7384 — PA Code / Title 42 / Chapter 73 / Section 7384
Recording of hearing.
Status: in_force

An arbitration hearing need not be recorded unless required by the arbitrator, provided by the arbitration agreement or requested by a party.
42 Pa.C.S. § 8316 — PA Code / Title 42 / Chapter 83 / Section 8316
Unauthorized use of name or likeness.
Status: in_force

(a) Cause of action established.--Any natural person whose name or likeness has commercial value and is used for any commercial or advertising purpose without the written consent of such natural person or the written consent of any of the parties authorized in subsection (b) may bring an action to enjoin such unauthorized use and to recover damages for any loss or injury sustained by such use.

(b) Parties authorized to bring action.--Such action may be brought by:

(1) The natural person.

(2) A parent or guardian of a natural person, if the natural person is a minor.

(3) If such natural person is deceased, any person, firm or corporation authorized in writing to license the commercial or advertising use of the natural person's name or likeness by the natural person during the natural person's lifetime or by will or other testamentary device; an executor named in a will or designated by a court of competent jurisdiction; or where there is no such authorization, then by the deceased person's surviving spouse at the time of death until the surviving spouse's death or, in a case where there is no surviving spouse, then any other heir or group of heirs having at least a 50% interest in the deceased person's estate as provided for under law.

(4) Any other person, firm or corporation authorized in writing by such natural person to license the commercial or advertising purposes of the person's name or likeness.

(c) Repose.--No action shall be commenced under this section more than 30 years after the death of such natural person.

(d) Immunity.--No person, firm or corporation, including their employees and agents, in the business of producing, manufacturing, publishing or disseminating material for commercial or advertising purposes by any communications medium shall be held liable under this section unless they had actual knowledge of the unauthorized use of the name or likeness of a natural person as prohibited by this section.

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

"Commercial or advertising purpose."

(1) Except as provided in paragraph (2), the term shall include the public use or holding out of a natural person's name or likeness:

(i) on or in connection with the offering for sale or sale of a product, merchandise, goods, services or businesses;

(ii) for the purpose of advertising or promoting products, merchandise, goods or services of a business; or

(iii) for the purpose of fundraising.

(2) The term shall not include the public use or holding out of a natural person's name or likeness in a communications medium when:

(i) the natural person appears as a member of the public and the natural person is not named or otherwise identified;

(ii) it is associated with a news report or news presentation having public interest;

(iii) it is an expressive work;

(iv) it is an original work of fine art;

(v) it is associated with announcement for a commercial or advertising purpose for a use permitted by subparagraph (ii), (iii) or (iv); or

(vi) it is associated with the identification of a natural person as the author of or contributor to a written work or the performer of a recorded performance under circumstances in which the written work or the recorded performance is lawfully produced, reproduced, exhibited or broadcast.

"Commercial value." Valuable interest in a natural person's name or likeness that is developed through the investment of time, effort and money.

"Communications medium." Includes, but is not limited to, a newspaper, magazine, book, newsletter, billboard, telephone, radio, television, recording, computer software, digital communications network, transit ad, audiovisual work or global communications network.

"Expressive work." A literary, dramatic, fictional, historical, audiovisual or musical work regardless of the communications medium by which it is exhibited, displayed, performed or transmitted, other than when used or employed for a commercial or advertising purpose. "Name" or "likeness." Any attribute of a natural person that serves to identify that natural person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice or a substantially similar imitation of one or more thereof.

"Natural person." A living person or a deceased person who was domiciled within this Commonwealth at the time of such person's death. (Dec. 9, 2002, P.L.1320, No.154, eff. 60 days) 2002 Amendment. Act 154 added section 8316.
42 Pa.C.S. § 5747.1 — PA Code / Title 42 / Chapter 57 / Section 5747.1
Forfeited undertaking.
Status: in_force

(a) General rule.--If a defendant in a criminal prosecution fails to appear for any scheduled court proceeding, the defendant's bail may be revoked and notice of revocation shall serve as notice of intent to forfeit the bail of the defendant. The notice or order of revocation shall be served by the office of the clerk to the defendant, surety or bail bondsman and insurer who has issued the qualifying power of attorney for the bail bondsman by certified mail, return receipt requested.

(b) Payment.--The following shall apply:

(1) Ninety days from the date of the service of the notice of revocation or order of revocation, the revocation shall become a judgment of forfeiture, payment of which shall be immediately required by the defendant or surety. Failure of a bail bondsman to make a timely payment of a forfeiture judgment shall result in the district attorney or county solicitor commencing proceedings to suspend or nonrenew the license of the bail bondsman otherwise consistent with section 5746 (relating to suspension or revocation of authority to conduct business in a county).

(2) Payment of forfeited undertaking shall be made directly to the office of the clerk not later than the close of business on the 91st day following the service of the notice of revocation. If the defendant has been recovered and placed into custody through the efforts of the bail bondsman or proof has been provided to the court that the defendant was discovered by the bail bondsman to be in custody in another jurisdiction prior to the 91st day, no payment of the forfeited undertaking shall be required. If the defendant is placed into custody or discovered to be in custody, the court shall set aside the bail revocation and may release the defendant with the reinstitution of bail pursuant to the Pennsylvania Rules of Criminal Procedure. The bail bondsman shall not be continued by the court as surety on reinstated bail unless a written consent is signed by the bail bondsman agreeing to such extension of suretyship.

(3) Failure to render payment of the forfeited undertaking by close of business on the 91st day shall bar any right of remission to collect funds pursuant to the forfeited undertaking.

(4) The office of the clerk shall provide a summary quarterly statement of all overdue forfeited undertakings which have not been paid by each bail bondsman and insurer. The bail bondsman or insurer shall be afforded 30 days from the date of the statement to render payment of the forfeited undertakings. Failure to render payment by close of business on the 31st day shall result in suspension of the ability to conduct business of both the bail bondsman and the insurer in that judicial district until such time as payment is

rendered in full. The bail bondsman may be subject to formal suspension or nonrenewal proceedings pursuant to section 5746. In addition, the insurer may be subjected to further administrative penalties, to be determined by the department, consistent with the act of July 22, 1974 (P.L.589, No.205), known as the Unfair Insurance Practices Act, or other applicable law.

(5) If the defendant is recovered after the 91st day following the forfeiture, a surety may petition the court in which the revocation and forfeiture occurred to remit all or a portion of the funds collected in exchange for the absence of the defendant. The court shall remit payment as follows:

(i) If the defendant is recovered between the 91st day and six months after the order of revocation or forfeiture, the surety shall recover the full value of the forfeited amount of the bond, less an administrative fee in the amount of $250.

(ii) If the defendant is recovered between six months and one year after the order of revocation or forfeiture, the surety shall recover 80% of the value of the forfeited amount of the bond.

(iii) If the defendant is recovered between one and two years after the order of revocation or forfeiture, the surety shall recover 50% of the value of the forfeited amount of the bond.

(6) No third-party surety shall be responsible to render payment on a forfeited undertaking if the revocation of bail is sought for failure of the defendant to comply with the conditions of the defendant's release other than appearance. Any violation of performance conditions by a defendant shall be deemed as a violation of a court order, subject to a conviction for indirect contempt of court for violating a court order instituting terms and conditions of release of the defendant and all associated penalties. (July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. Act 16 added section 5747.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42 Pa.C.S. § 9148 — PA Code / Title 42 / Chapter 91 / Section 9148
Liability to further criminal prosecutions.
Status: in_force

After a person has been returned to this Commonwealth by or after waiver of extradition proceedings he may be tried in this Commonwealth for other crimes which he may be charged with having committed here, as well as the crimes specified in the requisition for his extradition.
42 Pa.C.S. § 9737 — PA Code / Title 42 / Chapter 97 / Section 9737
Report of outstanding charges and sentences.
Status: in_force

The court shall order that an appropriate agency shall determine all criminal charges brought in any court against the defendant and report to the court on the status or the disposition of such charges. The court shall also be informed if the defendant is then serving any term of imprisonment, or is on probation or parole with reference to any such charges, or is entitled to credit for any time in accordance with section 9760 (relating to credit for time served). (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) Cross References. Section 9737 is referred to in section 9760 of this title.
42 Pa.C.S. § 6608 — PA Code / Title 42 / Chapter 66 / Section 6608
Payment of damage award or settlement.
Status: in_force

Monetary damages awarded to a prisoner in connection with prison conditions litigation or paid in settlement of prison conditions litigation which is payable from funds appropriated by the General Assembly or by a political subdivision or an insurance policy purchased by the Commonwealth or political subdivision shall first be used to satisfy any outstanding court orders requiring the prisoner to pay restitution, costs, bail, judgments, fines, fees, sanctions or other court-imposed amounts in connection with a criminal prosecution or sentence. Upon receipt of a copy of an outstanding court order, the government party or person designated by the government party shall deduct the full amount owed from the remaining moneys and arrange to pay it directly to the person or entity owed in accordance with Pennsylvania law. Where the amount of outstanding court orders exceeds the monetary damage award or settlement, the government party shall notify the parties owed of the intended distribution of the amounts. Any person or entity owed who objects to the proposed distribution may seek a court order compelling a different distribution. Any remainder of a monetary damage award shall be used to satisfy any amount owed to a government party, including a judgment or any other costs and fees assessed against or imposed upon the prisoner, including, but not limited to, costs for medical services, incarceration and destruction of property. The procedures for such assessment shall be set forth by the prison in written policy and procedure. Notice that all or part of a monetary damage award has been expended pursuant to this section shall be provided to the prisoner by certified mail or personal service. The fact that a prisoner's monetary damage award may be subject to this section may not be taken into consideration in calculating the amount of any monetary damage award.
42 Pa.C.S. § 9765 — PA Code / Title 42 / Chapter 97 / Section 9765
Merger of sentences.
Status: in_force

No crimes shall merge for sentencing purposes unless the crimes arise from a single criminal act and all of the statutory elements of one offense are included in the statutory elements of the other offense. Where crimes merge for sentencing purposes, the court may sentence the defendant only on the higher graded offense. (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days) 2002 Amendment. Act 215 added section 9765.
42 Pa.C.S. § 5538 — PA Code / Title 42 / Chapter 55 / Section 5538
Landscape architecture.
Status: in_force

(a) General rule.--All actions to recover any or all damages against any person engaged in the practice of landscape architecture occurring as the result of any deficiency, defect, omission, error or miscalculation shall be commenced within 12 years from the time the services are performed. Any such action not commenced within this 12-year period shall be forever barred. The cause of action shall accrue upon substantial

completion of the project. Nothing in this section shall be construed as extending the period prescribed by the laws of this Commonwealth for the bringing of any action. The term "practice of landscape architecture" shall be the same as defined in the act of January 24, 1966 (1965 P.L.1527, No.535), known as the Landscape Architects' Registration Law.

(b) Exception.--The limitation prescribed by subsection (a) shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or wrongful death for which it is proposed to commence an action or proceeding. (June 30, 1988, P.L.464, No.79, eff. imd.) 1988 Amendment. Act 79 added section 5538.
42 Pa.C.S. § 916.1 — PA Code / Title 42 / Chapter 9 / Section 916.1
Commerce courts.
Status: in_force

(a) Establishment.--The court of common pleas of a judicial district may establish from available funds a commerce court that shall have specialized jurisdiction. In a court of common pleas that has established a commerce court under this section, the exclusive jurisdiction of cases relating to the following matters may be vested in the commerce court:

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

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

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

(c) Statewide commerce courts coordinator.--To the extent that funds are available, the Supreme Court may appoint a Statewide commerce courts coordinator. The coordinator may:

(1) Encourage and assist in the establishment of commerce courts in each judicial district.

(2) Develop model guidelines for the administration of commerce courts and their related services.

(3) Establish procedures for monitoring commerce courts and for evaluating the effectiveness of commerce courts.

(d) Advisory committee.--The Supreme Court may establish, from available funds, an interdisciplinary and interbranch advisory committee to advise and assist the Statewide commerce courts coordinator in monitoring and administrating commerce courts Statewide. (Nov. 3, 2020, P.L.1090, No.111, eff. 60 days) 2020 Amendment. Act 111 added section 916.1.
42 Pa.C.S. § 762 — PA Code / Title 42 / Chapter 7 / Section 762
Appeals from courts of common pleas.
Status: in_force

(a) General rule.--Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following cases:

(1) Commonwealth civil cases.--All civil actions or proceedings:

(i) Original jurisdiction of which is vested in another tribunal by virtue of any of the exceptions to section 761(a)(1) (relating to original jurisdiction), except actions or proceedings in the nature of applications for a writ of habeas corpus or post-conviction relief not ancillary to proceedings within the appellate jurisdiction of the court.

(ii) By the Commonwealth government, including any officer thereof acting in his official capacity.

(2) Governmental and Commonwealth regulatory criminal cases.--All criminal actions or proceedings for the violation of any:

(i) Rule, regulation or order of any Commonwealth agency.

(ii) Regulatory statute administered by any Commonwealth agency subject to Subchapter A of Chapter 5 of Title 2 (relating to practice and procedure of Commonwealth agencies). The term "regulatory statute" as used in this subparagraph does not include any provision of Title 18 (relating to crimes and offenses).

(3) Secondary review of certain appeals from Commonwealth agencies.--All appeals from Commonwealth agencies which may be taken initially to the courts of common pleas under section 933 (relating to appeals from government agencies).

(4) Local government civil and criminal matters.--

(i) All actions or proceedings arising under any municipality, institution district, public school, planning or zoning code or under which a municipality or other political subdivision or municipality authority may be formed or incorporated or where is drawn in question the application, interpretation or enforcement of any:

(A) statute regulating the affairs of political subdivisions, municipality and other local authorities or other public corporations or of the officers, employees or agents thereof, acting in their official capacity;

(B) home rule charter or local ordinance or resolution; or

(C) statute relating to elections, campaign financing or other election procedures.

(ii) All appeals from government agencies other than Commonwealth agencies decided under section 933 or otherwise.

(5) Certain private corporation matters.--

(i) All actions or proceedings relating to corporations not-for-profit arising under Title 15 (relating to corporations and unincorporated associations) or where is drawn in question the application, interpretation or enforcement of any provision of the Constitution, treaties or laws of the United States, or the Constitution of Pennsylvania or any statute, regulating in any such case the corporate affairs of any corporation not-for-profit subject to Title 15 or the affairs of the members, security holders, directors, officers, employees or agents thereof, as such.

(ii) All actions or proceedings otherwise involving the corporate affairs of any corporation not-for-profit

subject to Title 15 or the affairs of the members, security holders, directors, officers, or employees or agents thereof, as such.

(6) Eminent domain.--All eminent domain proceedings or where is drawn in question the power or right of the acquiring agency to appropriate the condemned property or to use it for the purpose condemned or otherwise.

(7) Immunity waiver matters.--Matters conducted pursuant to Subchapter C of Chapter 85 (relating to actions against local parties).

(b) Exception.--The Commonwealth Court shall not have jurisdiction of such classes of appeals from courts of common pleas as are by section 722 (relating to direct appeals from courts of common pleas) within the exclusive jurisdiction of the Supreme Court. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 amended subsec. (a), retroactive to December 5, 1980, as to subsec. (a)(1)(ii). Cross References. Section 762 is referred to in section 933 of this title.
42 Pa.C.S. § 6152 — PA Code / Title 42 / Chapter 61 / Section 6152
Subpoena of records.
Status: in_force

(a) Election.--

(1) When a subpoena duces tecum is served upon any health care provider or an employee of any health care facility licensed under the laws of this Commonwealth, requiring the production of any medical charts or records at any action or proceeding, it shall be deemed a sufficient response to the subpoena if the health care provider or health care facility notifies the attorney for the party causing service of the subpoena, within three days of receipt of the subpoena, of the health care provider's or facility's election to proceed under this subchapter. However, when medical charts or records are requested by a district attorney or by an independent or executive agency of the Commonwealth, notice pursuant to this section shall not be deemed a sufficient response to the subpoena duces tecum.

(2)

(i) Except as provided in subparagraph (ii), the health care provider or facility or a designated agent shall be entitled to receive payment of the amounts under this subsection before producing the charts or records pursuant to a subpoena. The payment shall be $20.62 for searching for and retrieving the records, $1.39 per page for the first 20 pages, $1.03 per page for pages 21 through 60 and 34¢ per page for pages 61 and thereafter for paper copies or reproductions on electronic media whether the records are stored on paper or in electronic format; $2.04 per page for copies from microfilm; plus the actual cost of postage, shipping or delivery. No other charges for the retrieval, copying and shipping or delivery of medical records other than those set forth in this paragraph shall be permitted without prior approval of the party requesting the copying of the medical records. The amounts which may be charged shall be adjusted annually beginning on January 1, 2013, by the Secretary of Health of the Commonwealth based on the most recent changes in the consumer price index reported annually by the Bureau of Labor Statistics of the United States Department of Labor.

(ii) Payment to a health care provider or facility for searching for, retrieving and reproducing medical charts or records requested by a district attorney shall be $20.62, search and retrieval fee, plus the actual cost of postage, shipping or delivery as described in subparagraph (i), as adjusted by the Secretary of Health of the Commonwealth, unless otherwise agreed to by the district attorney.

(3) No independent or executive agency of the Commonwealth shall be required to pay any search or retrieval fee, copying cost or other cost related to medical charts or records under this section unless otherwise required by law, regulation or agreed to by the agency in guidelines, statements of policy or by publication of notice in the Pennsylvania Bulletin.

(b) Notice to other parties.--Upon this notification, the attorney causing the service of the subpoena shall notify all other attorneys of record or other parties, if they are not represented by attorneys, of the health care facility's election.

(c) Delivery of records.--Following this election, the health care provider or facility shall hold the originals available, and, upon payment of its expenses by the party causing service of the subpoena, or by any other party, shall within 30 days deliver, by first class mail, certified mail, return receipt requested, or by personal delivery, legible and durable copies, certified by the health care provider or facility of all medical charts or records specified in the subpoena. However, a district attorney shall not be required to pay for copies of medical charts or records before receipt, and the charts or records shall be delivered on or before the date specified on the subpoena duces tecum.

(d) Certification.--The certification shall be signed before a notary public by the employee of the health care facility charged with the responsibility of being custodian of the records and shall include the full name of the patient, the patient's medical record number, the number of pages in the medical records and a legend substantially to the following effect: "The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed medical records which are housed in (name of health care facility). The original records were made in the regular course of business at or near the time of the matter recorded. This certification is given pursuant to 42 Pa.C.S. Ch. 61 Subch. E (relating to medical records) by the custodian of the records in lieu of his personal appearance." Copies shall be separately enclosed and sealed in an inner envelope or wrapper bearing the legend "Copies of Medical Records." (Feb. 18, 1998, P.L.170, No.26, eff. 60 days; July 5, 2012, P.L.1138, No.139, eff. 60 days) 2012 Amendment. Act 139 amended subsec. (a)(1) and (2). 1998 Amendment. Act 26 amended subsecs. (a) and (c). Cross References. Section 6152 is referred to in sections 6152.1, 6153, 6155 of this title.
42 Pa.C.S. § 3722 — PA Code / Title 42 / Chapter 37 / Section 3722
General facilities and services furnished by county.
Status: in_force

Except as otherwise provided by statute, each county shall continue to furnish to the court of common pleas and community court embracing the county, to the minor judiciary established for the county and to all personnel of the system, including central staff entitled thereto, located within the county, all necessary accommodations, goods and services which by law have heretofore been furnished by the county. Cross References. Section 3722 is referred to in sections 2123, 2734, 2754, 2774, 3723 of this title.
42 Pa.C.S. § 67A09 — PA Code / Title 42 / Chapter 67 / Section 67A09
Applicability.
Status: in_force

Nothing in this chapter shall apply to an audio recording or video recording that is otherwise prohibited or protected from disclosure under any other Federal or State law.
42 Pa.C.S. § 2154.7 — PA Code / Title 42 / Chapter 21 / Section 2154.7
Adoption of risk assessment instrument.
Status: in_force

(a) General rule.--The commission shall adopt a sentence risk assessment instrument for the sentencing court to use to help determine the appropriate sentence within the limits established by law for defendants who plead guilty or nolo contendere to or who were found guilty of felonies and misdemeanors. The risk assessment instrument may be used as an aide in evaluating the relative risk that an offender will reoffend and be a threat to public safety.

(b) Sentencing guidelines.--The risk assessment instrument may be incorporated into the sentencing guidelines under section 2154 (relating to adoption of guidelines for sentencing).

(c) Presentence investigation report.--Subject to the provisions of the Pennsylvania Rules of Criminal Procedure, the sentencing court may use the risk assessment instrument to determine whether a more thorough assessment is necessary and to order a presentence investigation report.

(d) Alternative sentencing.--Subject to the eligibility requirements of each program, the risk assessment instrument may be an aide to help determine:

(1) for persons under supervision, intensity of intervention, use of restrictive conditions and duration of supervision; and

(2) appropriate candidates for alternative sentencing, including the recidivism risk reduction incentive, State drug treatment programs and State motivational boot camps.

(e) Definition.--As used in this section, the term "risk assessment instrument" means an empirically based worksheet which uses factors that are relevant in predicting recidivism. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) 2019 Amendment. Act 115 amended subsec. (d). 2010 Amendment. Act 95 added section 2154.7.
42 Pa.C.S. § 9795.4 — PA Code / Title 42 / Chapter 97 / Section 9795.4
Assessments (Expired).
Status: reserved

2012 Expiration. Section 9795.4 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. § 62A15 — PA Code / Title 42 / Chapter 62 / Section 62A15
Civil contempt or modification for violation of order or agreement.
Status: in_force

(a) General rule.--A plaintiff may file a petition for civil contempt with the issuing court alleging that the defendant has violated any provision of an order or court-approved consent agreement entered into under this chapter.

(b) Civil contempt order.--Upon finding of a violation of a protection order or court-approved consent agreement issued under this chapter, the court, either pursuant to petition for civil contempt or on its own accord, may hold the defendant in civil contempt and constrain the defendant in accordance with law.

(c) Sentencing.--A sentence for civil contempt under this chapter may include imprisonment until the defendant complies with provisions of the order or court-approved consent agreement or demonstrates the intent to do so, but in no case shall a term of imprisonment under this section exceed a period of six months.

(d) Jury trial and counsel.--Notwithstanding section 4136(a) (relating to rights of persons charged with certain indirect criminal contempts), the defendant shall not have a right to a jury trial; however, the defendant shall be entitled to counsel.
42 Pa.C.S. § 62A05 — PA Code / Title 42 / Chapter 62 / Section 62A05
Commencement of proceedings.
Status: in_force

(a) General rule.--An adult or emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ad litem may seek relief under this chapter on behalf of a minor child, or the guardian of the person of an adult who has been declared incapacitated under 20 Pa.C.S. Ch. 55 (relating to incapacitated persons) may seek relief on behalf of an incapacitated adult, by filing a petition with the court alleging the need for protection from the defendant with respect to sexual violence or intimidation.

(a.1) False reports.--A person who knowingly gives false information to a law enforcement officer with intent to implicate another under this chapter commits an offense under 18 Pa.C.S. § 4906 (relating to false reports to law enforcement authorities).

(b) No prepayment of fees.--The petition shall be filed and service shall be made without the prepayment of fees.

(c) Assessment of fees and costs.--

(1)

(i) No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with the filing, issuance, registration or service of a petition,

motion, complaint, order or any other filing. Prohibited fees or costs shall include, but are not limited to, those associated with modifying, withdrawing, dismissing or certifying copies of a petition, motion, complaint, order or any other filing, as well as any judicial surcharge or computer system fee.

(ii) No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with filing a motion for reconsideration or an appeal from any order or action taken under this chapter.

(2) When an order is granted under this chapter, fees and costs shall be assessed against the defendant. The court shall waive fees and costs upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the fees and costs.

(3) Nothing in this section is intended to expand or diminish the court's authority to enter an order under Pa.R.C.P. No.1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation.).

(c.1) Surcharge on order.--When an order is granted under section 62A06 (relating to hearings), a surcharge of $100 shall be assessed against the defendant. All moneys received from surcharges shall be distributed in the following order of priority:

(1) Twenty-five dollars shall be forwarded to the Commonwealth and shall be used by the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 62A04(c) (relating to responsibilities of law enforcement agencies).

(2) Fifty dollars shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:

(i) Twenty-five dollars shall be used by the sheriff.

(ii) Twenty-five dollars shall be used by the court.

(3) Twenty-five dollars shall be forwarded to the Department of Public Welfare for use for victims of sexual assault in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(4) The surcharge allocated under paragraphs (1) and

(3) shall be used to supplement and not to supplant any other source of funds received for the purpose of carrying out the provisions of this chapter.

(d) Service.--

(1) The court shall adopt a means of prompt and effective service. If the court so orders, the sheriff or another court-designated agency or individual shall serve the petition and protection order. Under no circumstances shall the plaintiff be obligated to serve the petition or protection order.

(2) The petition and order shall be served upon the defendant.

(3) Within two business days, the order shall be served upon the police department, sheriff and district attorney in the jurisdiction where the order was entered.

(4) A certified copy of the order shall be issued to the plaintiff.

(5) In the case of a minor victim of sexual violence, a copy of the petition and order shall be served upon the county agency and the Department of Public Welfare. For

purposes of this subparagraph, the term "county agency" shall be as defined in 23 Pa.C.S. § 6303 (relating to definitions).

(6) A copy of the order shall be issued as otherwise ordered by the court or hearing officer.

(7) Failure to serve the police department, sheriff or district attorney's office shall not stay the effect of a valid order.

(e) Assistance and advice to plaintiff.--The courts and hearing officers shall:

(1) Provide simplified forms and clerical assistance in English and Spanish to help with the writing and filing of the petition for an order for an individual not represented by counsel.

(2) Provide the plaintiff with written and oral referrals, in English and Spanish, to local sexual assault services in the case of sexual violence and to the local legal services office and to the county bar association's lawyer referral service in the case of sexual violence or intimidation.

(f) Effect of departure and nonresidence.--The right of the plaintiff to relief under this chapter shall not be affected by the defendant's absence from this Commonwealth or the defendant's nonresidence in this Commonwealth, provided that the court has personal jurisdiction over the defendant in accordance with section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth). References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 62A05 is referred to in sections 62A07, 62A09 of this title.
42 Pa.C.S. § 7377 — PA Code / Title 42 / Chapter 73 / Section 7377
Motion for judicial relief.
Status: in_force

(a) Forum.--A motion for judicial relief under this subchapter must be made to:

(1) the court in which a proceeding is pending involving a family law dispute subject to arbitration; or

(2) if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.

(b) Compulsion.--On motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement which complies with section 7375 (relating to arbitration agreement) unless the court determines under section 7382 (relating to protection of party or child) that the arbitration should not proceed.

(c) Termination.--On motion of a party, the court shall terminate arbitration if the court determines that:

(1) the agreement to arbitrate is unenforceable;

(2) the family law dispute is not subject to arbitration; or

(3) under section 7382 the arbitration should not proceed.

(d) Consolidation.--Unless prohibited by an arbitration agreement, on motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if consolidation is necessary for the fair and expeditious resolution of the family law dispute. Cross References. Section 7377 is referred to in sections 7379, 7389 of this title.
42 Pa.C.S. § 8301 — PA Code / Title 42 / Chapter 83 / Section 8301
Death action.
Status: in_force

(a) General rule.--An action may be brought, under procedures prescribed by general rules, to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another if no recovery for the same damages claimed in the wrongful death action was obtained by the injured individual during his lifetime and any prior actions for the same injuries are consolidated with the wrongful death claim so as to avoid a duplicate recovery.

(b) Beneficiaries.--Except as provided in subsection (d), the right of action created by this section shall exist only for the benefit of the spouse, children or parents of the deceased, whether or not citizens or residents of this Commonwealth or elsewhere. The damages recovered shall be distributed to the beneficiaries in the proportion they would take the personal estate of the decedent in the case of

intestacy and without liability to creditors of the deceased person under the statutes of this Commonwealth.

(c) Special damages.--In an action brought under subsection

(a), the plaintiff shall be entitled to recover, in addition to other damages, damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death.

(d) Action by personal representative.--If no person is eligible to recover damages under subsection (b), the personal representative of the deceased may bring an action to recover damages for reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death. (Dec. 20, 1982, P.L.1409, No.326, eff. imd.; July 6, 1995, P.L.309, No.46, eff. 60 days) 1995 Amendment. Act 46 amended subsec. (a). Section 2 of Act 46 provided that Act 46 shall apply to a cause of action that accrues on or after the effective date of Act 46. 1982 Amendment. Act 326 amended subsecs. (a), (c) and (d), retroactive to June 27, 1978.
42 Pa.C.S. § 933 — PA Code / Title 42 / Chapter 9 / Section 933
Appeals from government agencies.
Status: in_force

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have

jurisdiction of appeals from final orders of government agencies in the following cases:

(1) Appeals from Commonwealth agencies in the following cases:

(i) Determinations of the Department of Health in connection with any matters concerning birth records. Except as prescribed by general rules, the venue of such matters shall be as provided in 20 Pa.C.S. § 711(9) (relating to birth records) and 20 Pa.C.S. § 713 (relating to special provisions for Philadelphia County).

(ii) Determinations of the Department of Transportation appealable under the following provisions of Title 75 (relating to vehicles): Section 1377 (relating to judicial review). Section 1550 (relating to judicial review). Section 4724(b) (relating to judicial review). Section 7303(b) (relating to judicial review). Section 7503(b) (relating to judicial review). Except as otherwise prescribed by general rules, the venue shall be in the county of the principal place of business of any salvor or messenger service, the location of any inspection station involved, the county where the arrest for a violation of 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) was made in appeals involving the suspension of operating privileges under 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or the residence of any individual appellant where the venue is not otherwise fixed by this sentence. In the case of a nonresident individual venue, except as otherwise prescribed by general rules, shall be in the county in which the offense giving rise to the recall, cancellation, suspension or revocation of operating privileges occurred.

(iii) (Deleted by amendment).

(iv) Determinations of the Workers' Compensation Appeal Board appealable under the act of June 21, 1939 (P.L.566, No.284), known as The Pennsylvania Occupational Disease Act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in section 427 of the act.

(v) Determinations of the Pennsylvania Liquor Control Board appealable under the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, except matters appealable under section 433, 444 or 710 of the act. Except as otherwise prescribed by general rules, the venue of such matters shall be as provided in the act.

(vi) Determinations of the Department of Revenue reviewable under Article XXI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, or under any predecessor statute, in connection with the administration of the estate of a decedent. Except as otherwise prescribed by general rules, the venue of such matters shall be in the court having jurisdiction over the administration of the related estate.

(vii) (Deleted by amendment).

(viii) (Deleted by amendment).

(ix) Determinations of the Department of Labor and Industry or the Department of Commerce reviewable under the act of December 15, 1980 (P.L.1203, No.222), known as the Building Energy Conservation Act. Except as

otherwise prescribed by general rules, venue shall be in the county where the building is located.

(2) Appeals from government agencies, except Commonwealth agencies, under Subchapter B of Chapter 7 of Title 2 (relating to judicial review of local agency action) or otherwise.

(3) Appeals jurisdiction of which is vested in the courts of common pleas by any statute hereafter enacted.

(b) Awards of arbitrators.--Except as otherwise prescribed by any general rule adopted pursuant to section 503, each court of common pleas shall have jurisdiction of petitions for review of an award of arbitrators appointed in conformity with statute to arbitrate a dispute between a government agency, except a Commonwealth agency, and an employee of such agency. The application shall be deemed an appeal from a government agency for the purposes of section 762(4) (relating to appeals from courts of common pleas) and Chapter 55 (relating to limitation of time).

(c) Concurrent and exclusive jurisdiction.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 503:

(1) The jurisdiction of a court of common pleas of a judicial district under this section shall be exclusive as to a government agency which has jurisdiction only within such judicial district, and shall be concurrent with the courts of common pleas of all judicial districts in which the government agency has jurisdiction where such agency has jurisdiction in more than one judicial district.

(2) Whenever proceedings are commenced in two or more courts with respect to the same determination of a government agency, exclusive jurisdiction shall be vested in the court having jurisdiction in which such proceedings are first commenced. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 5, 1998, P.L.451, No.63, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; July 4, 2008, P.L.286, No.35, eff. July 1, 2008) 2008 Amendment. Act 35 deleted subsec. (a)(1)(vii). Section 2 of Act 35 provided that each court of common pleas shall retain jurisdiction over appeals of cases filed and pending with them prior to the effective date of Act 35. 2003 Amendment. Act 24 amended subsec. (a)(1)(ii). 1998 Amendment. Act 63 amended subsec. (a). 1978 Amendment. Act 53 added present section 933 and repealed former section 933 relating to the same subject matter. Transfer of Records. Section 6 of Act 189 of 1980 provided that the Prothonotary of the Commonwealth Court shall, except as otherwise ordered by the court in the interest of justice, transfer to the appropriate office of the clerk of the court of common pleas all dockets, records, pleadings and other papers, or certified copies thereof, relating to all pending matters jurisdiction of which is vested in another tribunal by reason of 42 Pa.C.S. § 761(a)(1)(iv) or 933(a)(1)(v) as added or amended by Act 189. References in Text. The Department of Commerce, referred to in subsec. (a)(1)(ix), was renamed the Department of Community and Economic Development by Act 58 of 1996. Section 7503 of Title 75, referred to in subsec. (a)(1)(ii), was deleted by amendment.

The act of December 15, 1980, P.L.1203, No.222, known as the Building Energy Conservation Act, referred to in subsec.

(a) (1) (ix), was repealed by the act of November 10, 1999, P.L.491, No.45. The subject matter is now contained in the Pennsylvania Construction Code Act. Cross References. Section 933 is referred to in sections 762, 763 of this title; sections 501, 561, 581, 701 of Title 2 (Administrative Law and Procedure); section 1506 of Title 4 (Amusements); sections 1553, 1554, 1556 of Title 75 (Vehicles).
42 Pa.C.S. § 5951 — PA Code / Title 42 / Chapter 59 / Section 5951
Confidential communications involving public safety responders and corrections officers.
Status: in_force

(a) Disclosure.--Except as provided under subsection (c), a critical incident stress management team member who, while in the course of duty, has acquired information from any public safety responder or corrections officer in confidence may not be compelled or allowed without the consent of the public safety responder or corrections officer to disclose that information in a legal proceeding, trial or investigation before any government unit.

(b) Coparticipants.--Except as provided under subsection

(c), a coparticipant who is present during the course of a critical incident stress management team intervention may not be compelled or allowed, without the consent of the affected public safety responder or corrections officer, to disclose any communication made during the intervention in a legal proceeding, trial or investigation before a government unit.

(c) Exceptions.--The privilege established under subsections

(a) and (b) shall not apply if any of the following apply:

(1) The communication indicates clear and present danger to the public safety responder or corrections officer who received critical incident stress management services or to other individuals.

(2) The public safety responder or corrections officer who received critical incident stress management services gives express consent to the testimony.

(3) The public safety responder or corrections officer who received critical incident stress management services is deceased and the surviving spouse or the executor or administrator of the estate of the deceased public safety responder or corrections officer gives express consent.

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

"Coparticipant." An individual who is participating in a group critical incident stress management team intervention.

"Corrections officer." A corrections officer of the Commonwealth or of a political subdivision.

"Critical incident." A situation responded to by a public safety responder or corrections officer which presents or involves either the death or serious bodily injury of an individual or the imminent potential of such death or serious bodily injury, or any situation faced by a public safety responder or corrections officer in the course of duty which causes or may cause the public safety responder or corrections officer to experience unusually strong negative emotional reactions.

"Critical Incident Stress Management Network." A network that meets the requirements of membership with the Pennsylvania Voluntary Critical Incident Stress Management Network as administered by the Department of Health and is registered with the International Critical Incident Stress Foundation.

"Critical incident stress management services." Consultation, risk assessment, education, intervention, briefing, defusing, debriefing, onsite services, referral and other crisis intervention services provided by a critical incident stress management team to a public safety responder

or corrections officer prior to, during or after a critical incident.

"Critical incident stress management team member." An individual who is specially trained to provide critical incident stress management services as a member of a critical incident stress management team that holds membership in the Commonwealth's critical incident stress management network.

"Firefighter." A member of a municipal or volunteer fire company.

"First responder." An individual who is certified by the Department of Health as a first responder.

"Government unit." The General Assembly and its officers and agencies; the Governor and the departments, boards, commissions, authorities and officers and agencies of the Commonwealth or other instrumentalities thereof; any political subdivision, municipality, school district, local authority and the departments, boards, commissions, authorities and officers and agencies of such political subdivisions or other instrumentalities thereof; and any court or other officer or agency of the unified judicial system or instrumentality thereof.

"Public safety responder." Any firefighter, emergency medical service personnel, ambulance service personnel or emergency telecommunicator, who in a critical incident is responsible for the protection and preservation of life, property, evidence and the environment, including an emergency response provider as defined in section 2 of the Homeland Security Act of 2002 (Public Law 107-296, 116 Stat. 2135), and emergency management and other skilled support personnel who provide immediate support services during prevention, response and recovery operations. (July 9, 2010, P.L.381, No.53, eff. 60 days) 2010 Amendment. Act 53 added section 5951.
42 Pa.C.S. § 8384 — PA Code / Title 42 / Chapter 83 / Section 8384
Complaint.
Status: in_force

(a) Adverse impact.--The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:

(1) Diminished property value.

(2) Increased fear of residents to walk through and in public areas, including sidewalks and streets, increased volume of vehicular and pedestrian traffic to and from the property.

(3) An increase in the number of ambulance or police calls to the property which are related to the use of drugs or to violence stemming from illegal activity.

(4) Increased noise, bothersome solicitors or approaches by persons wishing to sell drugs or solicit the donation of money on or near the property.

(5) The display of dangerous weapons on or near the property.

(6) The discharge of firearms on or near the property.

(7) Search warrants served on tenants or occupants of the property which resulted in the seizure of drugs.

(8) Investigative purchases of drugs on or near the property by law enforcement officers.

(9) Arrests of person on or near the property for violation of criminal laws.

(10) Housing code violations relating to the property.

(11) Health code violations relating to the property.

(12) Accumulated trash and refuse in common areas on or adjacent to the property.

(13) An unsecured entryway on the property.

(b) Attempts to notify owner.--The complaint shall contain a description of what attempts, if any, have been made by the plaintiff or any other person or entity to notify the owner of the property of the drug-related nuisance or resulting adverse impact.
42 Pa.C.S. § 8521 — PA Code / Title 42 / Chapter 85 / Section 8521
Sovereign immunity generally.
Status: in_force

(a) General rule.--Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise.

(b) Federal courts.--Nothing contained in this subchapter shall be construed to waive the immunity of the Commonwealth from suit in Federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.

Cross References. Section 8521 is referred to in sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation); section 6109 of Title 75 (Vehicles).
42 Pa.C.S. § 2154.6 — PA Code / Title 42 / Chapter 21 / Section 2154.6
Adoption of recommitment ranges following revocation of parole by board.
Status: in_force

(a) Recommitment ranges.--The commission shall adopt recommitment ranges that shall be considered by the board when exercising its power to reparole, commit and recommit for violations of parole any person sentenced by a court in this Commonwealth to imprisonment in any correctional institution. The recommitment ranges shall take into account the seriousness of the initial conviction offense, the level of seriousness of the violation and the rehabilitative needs of the defendant. At the end of the recommittal period, the parole violator shall be reviewed for parole or, without further review, shall be reparoled.

(b) Deviation.--In every case in which the board deviates from the recommitment ranges, the board shall provide a contemporaneous written statement of the reasons for the deviation from the recommitment ranges to the commission as established under section 2153(a)(14) (relating to powers and duties).

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

"Recommitment range." A range of time within which a parole violator may be recommitted to serve an additional part of the term the parole violator would have been compelled to serve had the parole violator not been paroled. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) Cross References. Section 2154.6 is referred to in section 6137 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 8340.17 — PA Code / Title 42 / Chapter 83 / Section 8340.17
Interlocutory appeal.
Status: in_force

An order granting, denying or otherwise determining immunity under this subchapter is immediately appealable under section 702 (relating to interlocutory orders).
42 Pa.C.S. § 1721 — PA Code / Title 42 / Chapter 17 / Section 1721
Delegation of powers.
Status: in_force

(a) General rule.--The Supreme Court may from time to time delegate to any agency or unit of the unified judicial system such of the supervisory and administrative powers of the court, including the powers specified in this subchapter, as may be specified by general rule.

(b) Exception.--Any power based in whole or in part upon authority conferred by any provision of this title or other statutory authority shall not be delegated by the Supreme Court to any agency or unit other than:

(1) A Statewide council which meets the requirements of section 3529(d) (relating to definition).

(2) The Court Administrator of Pennsylvania.

(3) Any other government unit within the system created by the Constitution of Pennsylvania or by statute. A body created pursuant to section 1730 (relating to boards, councils, commissions and committees), other than the council specified by paragraph (1), shall not be deemed to be created by statute for the purposes of this paragraph. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Cross References. Section 1721 is referred to in sections 102, 1702 of this title; section 1122 of Title 16 (Counties); section 1306 of Title 23 (Domestic Relations).
42 Pa.C.S. § 1603 — PA Code / Title 42 / Chapter 16 / Section 1603
Organization and operation.
Status: in_force

The Court of Judicial Discipline shall appoint staff and prepare and administer its own budget as provided by law and undertake actions needed to ensure its efficient operation. All actions of the court, including disciplinary action, shall require approval by a majority vote of the members of the court. The budget request of the court shall be made as a separate item in the request by the Supreme Court on behalf of the Judicial Branch to the General Assembly.
42 Pa.C.S. § 9911 — PA Code / Title 42 / Chapter 99 / Section 9911
Definitions.
Status: in_force

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

"ARD." Accelerated Rehabilitative Disposition.

"Conditions of supervision." Any terms or conditions of an offender's supervision whether imposed by the court or an officer, including compliance with all requirements of Federal, State and local law.

"Contraband." Any item that an offender is not permitted to possess under the conditions of supervision, including any item whose possession is forbidden by any Federal, State or local law.

"Court." The court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof or any magisterial district judge.

"Exigent circumstances." The term includes, but is not limited to, suspicion that contraband or other evidence of violations of the conditions of supervision might be destroyed or suspicion that a weapon might be used. Exigent circumstances always exist with respect to a vehicle.

"Offender." A person released on county probation, intermediate punishment or county parole. The term shall not include any person serving a period of probation pursuant to Accelerated Rehabilitative Disposition, except as authorized under section 9912(b) (relating to supervisory relationship to offenders).

"Officer." A probation or parole officer appointed or employed by any court or by any county department of probation and parole to supervise persons released on county probation or parole.

"Personal search." A warrantless search of an offender's person, including, but not limited to, the offender's clothing and any personal property which is in the possession, within the reach or under the control of the offender.

"Probation officer." As defined in section 6304 (relating to powers and duties of probation officers).

"Property search." A warrantless search of real property, vehicle or personal property which is in the possession or under the control of an offender.

"Real property." Any residence or business property of an offender, including all portions of the property to which the offender has access.

"Supervisor." An individual acting in a supervisory or administrative capacity.

"Technology portal." A device, including a cellular phone and other electronic device, that allows simultaneous voice and video communication in real time between the offender and the probation officer. (July 7, 2022, P.L.492, No.46, eff. 60 days) 2022 Amendment. Act 46 added the defs. of "probation officer" and "technology portal."
42 Pa.C.S. § 9107 — PA Code / Title 42 / Chapter 91 / Section 9107
Administrator and information agent.
Status: in_force

The Department of Justice shall serve as central administrator of and information agent for the Agreement on Detainers. References in Text. The Department of Justice, referred to in this section, was reorganized into the Office of Attorney General by the act of October 15, 1980 (P.L.950, No.164).
42 Pa.C.S. § 9799.40 — PA Code / Title 42 / Chapter 97 / Section 9799.40
Duties of Pennsylvania Commission on Sentencing.
Status: in_force

The Pennsylvania Commission on Sentencing shall establish procedures to enable courts to classify sexual offenders as provided in section 9799.23 (relating to court notification and classification requirements). (Dec. 20, 2011, P.L.446, No.111, eff. one year) 2021 Unconstitutionality. Section 9799.40 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.40 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment. Act 111 added section 9799.40.
42 Pa.C.S. § 4563 — PA Code / Title 42 / Chapter 45 / Section 4563
Protection of employment of petit and grand jurors.
Status: in_force

(a) General rule.--An employer shall not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends court for prospective jury service. Nothing in this section shall be construed to require the employer to compensate the employee for employment time lost because of such jury service.

(b) Penalty.--Any employer who violates subsection (a) commits a summary offense.

(c) Civil remedy available.--If an employer penalizes an employee in violation of subsection (a) the employee may bring a civil action for recovery of wages and benefits lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall not exceed wages and benefits actually lost. If he prevails, the employee shall be allowed a reasonable attorney's fee fixed by the court.

(d) Exception.--Subsection (a) shall not apply to any employer in any retail or service industry employing fewer than 15 persons or any employer in any manufacturing industry employing fewer than 40 persons.

(e) Right to excuse.--Any individual not entitled to reemployment under subsection (a) shall, upon request to the court, be excused from jury service. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) Cross References. Section 4563 is referred to in section 5522 of this title.
42 Pa.C.S. § 3525 — PA Code / Title 42 / Chapter 35 / Section 3525
List of employees to be furnished.
Status: in_force

(a) General rule.--The Administrative Office shall, on July 15 of each year, transmit to the Department of the Auditor General, the Treasury Department, and the Office of the Budget a complete list, and to the Legislative Data Processing Center

a computer tape of such list, as of July 1 preceding, of the names of all persons, except day-laborers, entitled to receive compensation directly from the Commonwealth from funds appropriated to the unified judicial system. Such list shall show the position occupied by each such person, the date of birth and voting residence of such person, the salary at which or other basis upon which such person is entitled to be paid, the date when such person entered the service of the Commonwealth, whether such person has been continuously employed by the Commonwealth since that date, and all periods of service and positions held as an employee of the Commonwealth, or such part of such information as the Governor may prescribe.

(b) Interim changes.--Each month thereafter, the Administrative Office shall certify to the Department of the Auditor General, the Treasury Department, and the Office of the Budget any changes in the annual list of employees last transmitted to them which shall have occurred during the preceding month.

(c) Public information.--The information received by the Department of the Auditor General, the Treasury Department, and the Office of the Budget under this section shall be public information. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 6403 — PA Code / Title 42 / Chapter 64 / Section 6403
Court-ordered involuntary treatment.
Status: in_force

(a) Persons subject to involuntary treatment.--A person may be subject to court-ordered commitment for involuntary treatment under this chapter if the person:

(1) Has been adjudicated delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest).

(2) Has been committed to an institution or other facility pursuant to section 6352 (relating to disposition of delinquent child) and remains in any such institution or facility upon attaining 20 years of age as a result of having been adjudicated delinquent for the act of sexual violence.

(3) Is in need of involuntary treatment due to a mental abnormality or personality disorder which results in serious difficulty in controlling sexually violent behavior that makes the person likely to engage in an act of sexual violence.

(b) Procedures for initiating court-ordered involuntary commitment.--

(1) Where, pursuant to the provisions of section 6358(f) (relating to assessment of delinquent children by the State Sexual Offenders Assessment Board), the court determines that a prima facie case has been presented that the child is in need of involuntary treatment under the provisions of this chapter, the court shall order that a petition be filed by the county solicitor or a designee before the court having jurisdiction of the person pursuant to Chapter 63 (relating to juvenile matters).

(2) The petition shall be in writing in a form adopted by the department and shall set forth the facts constituting reasonable grounds to believe the individual is within the criteria for court-ordered involuntary treatment as set forth in subsection (a). The petition shall include the assessment of the person by the board as required in section 6358.

(3) The court shall set a date for the hearing which shall be held within 30 days of the filing of the petition pursuant to paragraph (1) and direct the person to appear for the hearing. A copy of the petition and notice of the hearing date shall be served on the person, the attorney who represented the person at the most recent dispositional review hearing pursuant to section 6358(e) and the county solicitor or a designee. A copy of the petition, the assessment and notice of the hearing date shall also be provided to the director of the facility operated by the department pursuant to section 6406(a) (relating to duty of Department of Public Welfare). The person and the attorney who represented the person shall, along with copies of the petition, also be provided with written notice advising that the person has the right to counsel and that, if he cannot afford one, counsel shall be appointed for the person.

(4) The person shall be informed that the person has a right to be assisted in the proceedings by an independent expert in the field of sexually violent behavior. If the person cannot afford to engage such an expert, the court shall allow a reasonable fee for such purpose.

(c) Hearing.--A hearing pursuant to this chapter shall be conducted as follows:

(1) The person shall not be called as a witness without the person's consent.

(2) The person shall have the right to confront and cross-examine all witnesses and to present evidence on the person's own behalf.

(3) The hearing shall be public.

(4) A stenographic or other sufficient record shall be made.

(5) The hearing shall be conducted by the court.

(6) A decision shall be rendered within five days after the conclusion of the hearing.

(d) Determination and order.--Upon a finding by clear and convincing evidence that the person has a mental abnormality or personality disorder which results in serious difficulty in controlling sexually violent behavior that makes the person likely to engage in an act of sexual violence, an order shall be entered directing the immediate commitment of the person for involuntary inpatient treatment to a facility designated by the department. The order shall be in writing and shall be consistent with the protection of the public safety and the appropriate control, care and treatment of the person. An appeal shall not stay the execution of the order. If the court does not order the person to be committed for involuntary inpatient treatment by the department, the court shall order the director of the facility operated by the department pursuant to section 6406(a) to destroy the facility's copy of the petition and the assessment. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

Amendment . Act 91 amended subsec. (a)(2). 2011 Amendment. Act 111 amended subsecs. (a)(2), (b)(3) and

(d). References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 6403 is referred to in sections 6404, 6404.2, 9799.23 of this title.
42 Pa.C.S. § 3132.1 — PA Code / Title 42 / Chapter 31 / Section 3132.1
Reappointment of magisterial district judge.
Status: in_force

Notwithstanding any provisions of this title to the contrary, a magisterial district judge who resigns from office may not be reappointed to the unexpired term. (July 11, 1996, P.L.607, No.104, 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. § 601 — PA Code / Title 42 / Chapter 6 / Section 601
Applicability of Statutory Construction Act (Repealed).
Status: repealed

1982 Repeal. Section 601 was repealed December 20, 1982, P.L.1409, No.326, effective in 60 days.
42 Pa.C.S. § 917 — PA Code / Title 42 / Chapter 9 / Section 917
Housing courts.
Status: in_force

(a) Establishment.--The court of common pleas of a judicial district may establish, from available funds, a housing court

which shall have jurisdiction as provided under subsection (d). The court may adopt local rules for the administration of housing courts and their related services such as housing clinics to counsel code violators on their responsibilities and procedures to bring properties into code compliance. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.

(b) Statewide housing courts coordinator.--To the extent that funds are available, the Supreme Court may appoint a Statewide housing courts coordinator who may be assigned other responsibilities by the Supreme Court. The coordinator may:

(1) Encourage and assist in the establishment of housing courts in each judicial district where the caseload justifies the establishment of such courts.

(2) Identify sources of funding for housing courts and their related services, including the availability of grants.

(3) Provide coordination and technical assistance for grant applications.

(4) Develop model guidelines for the administration of housing courts and their related services.

(5) Establish procedures for monitoring housing courts and their related services and for evaluating the effectiveness of housing courts and their related services.

(c) Advisory committee.--The Supreme Court may establish, from available funds, an interdisciplinary and interbranch advisory committee to advise and assist the Statewide housing courts coordinator in monitoring and administering housing courts Statewide.

(d) Jurisdiction of housing court.--In a court of common pleas which has established a housing court pursuant to this section, the exclusive jurisdiction of the following matters may be vested in the housing court:

(1) Criminal and civil actions arising within the county under any other general or special law, ordinance, rule or regulation concerned with the health, safety or welfare of an occupant of a place used or intended for use as a place of human habitation.

(2) Land use decisions appealed to the court of common pleas in accordance with Article X-A of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, provided they relate to single-family and multifamily properties, or proceedings appealed to court in accordance with the act of June 13, 1961 (P.L.282, No.167), relating to the establishment of historic districts.

(3) Appeals from government agencies under the former act of December 2, 1968 (P.L.1133, No.353), known as the Local Agency Law, or otherwise, relating to the housing, building, safety, plumbing, mechanical, electrical, health or fire ordinances and regulations of a municipal corporation within the county or of the county itself.

(4) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, which involve a place used or intended for use as a place of human habitation.

(5) Matters arising under the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, which involve a place used, or intended for use, as a place of human habitation. (Oct. 27, 2010, P.L.875, No.90, eff. 180 days) 2010 Amendment. Act 90 added section 917.
42 Pa.C.S. § 9575 — PA Code / Title 42 / Chapter 95 / Section 9575
Disposition without evidentiary hearing.
Status: in_force

(a) Evidentiary hearing.--No more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, the court shall determine whether or not an evidentiary hearing is warranted. An evidentiary hearing shall not be warranted unless controverted, previously unresolved factual issues material to petitioner's conviction or sentence exist.

(b) Written order.--Failure of the court to issue a written order within the period prescribed under subsection (a) shall constitute a determination that an evidentiary hearing is

warranted on any controverted, previously unresolved factual issues material to petitioner's conviction or sentence.

(c) Disposing of petition.--If the determination is made that no evidentiary hearing is warranted, the court shall, no later than 90 days from the date of that determination, dispose of the petition, after oral argument if requested, and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure. Suspension by Court Order. Section 9575 was suspended August 11, 1997, S.Ct. Order. Cross References. Section 9575 is referred to in section 9545 of this title.
42 Pa.C.S. § 8924 — PA Code / Title 42 / Chapter 89 / Section 8924
Construction of subchapter.
Status: in_force

This subchapter shall not be construed so as to make unlawful any arrest in this Commonwealth which would otherwise be lawful.
42 Pa.C.S. § 1904 — PA Code / Title 42 / Chapter 19 / Section 1904
Availability of criminal charge information in child custody proceedings.
Status: in_force

(a) Establishment of criminal charge information system.--The Administrative Office shall establish and maintain an information system to enable a parent who is a party to a custody proceeding or order to have access to information about the criminal charges filed against the other parent to the custody proceeding or order. The criminal charge information that shall be available for access under this section is limited to the information requested by those parents involved in a

custody proceeding or order and for which an application has been filed and verified for access as provided for in this section.

(b) Criminal charges enumerated.--The criminal charge information that shall be available on the information system shall be limited to the offenses listed in 23 Pa.C.S. § 5329(a) (relating to consideration of criminal conviction).

(c) Application for access to criminal charge information.--To obtain information about charges covered in 23 Pa.C.S. § 5329(a), a parent who has been awarded custody or partial custody or who is a party to a custody proceeding must file an application for access to the information with the office of the prothonotary in the county where the proceeding or order was filed.

(1) A person who knowingly gives false information with the intent to gain information provided for under this section commits an offense under 18 Pa.C.S. § 4904(a) (relating to unsworn falsification to authorities).

(2) The application must be filed with the prothonotary by one of the following methods:

(i) In person, at the office of the prothonotary, by the parent who is filing the application. The applicant must have a valid form of photoidentification available for the inspection of the prothonotary.

(ii) By mailing a notarized application using first class mail.

(iii) By including the application with the original complaint, initial response or any other pleading or motion filed with the prothonotary.

(3) The Administrative Office shall develop the application for access to the criminal charge information system. The following information shall be included in the application:

(i) Docket number of original court filing.

(ii) Date of filing.

(iii) Date of birth of all children involved in the custody proceeding or order.

(iv) A personal access code.

(v) A notice to the parent that additional information relating to criminal history record information is available, as provided for in 18 Pa.C.S. Ch. 91 (relating to criminal history record information).

(vi) A statement verifying that:

(A) the person who is filing for access to the criminal charge information system is the actual person listed on the application;

(B) to the best of the applicant's knowledge and belief, all the information included in the application is true and correct; and

(C) the applicant is a party to the custody proceeding or order that is listed on the application.

(vii) A warning as to the penalty under 18 Pa.C.S. § 4904.

(viii) Any additional information that it is determined to be necessary to expedite the verification of the application and to provide access to the system, as determined by the Administrative Office.

(4) Applications shall be made available through county prothonotaries.

(d) Verification of application.--The prothonotary shall verify and transmit the application to the Administrative Office within six business days.

(1) Verification consists of checking court records to determine whether there exists an active custody proceeding or valid custody order remaining in effect.

(2) The Administrative Office shall determine how the application is to be transmitted.

(e) Access.--

(1) Except as provided in this subsection, the charge information system shall be accessible by telephone during regular business hours to parents who have filed a verified application and have been entered into the system. Information relating to the regular business hours of the Administrative Office shall be included with the application.

(2) The Administrative Office may interrupt the system for necessary maintenance, the processing and updating of information and the removal of names upon the termination of a custody order.

(3) Personal access codes shall remain valid until the youngest child involved in the custody proceeding or order reaches the age of 18.

(f) Time for providing access.--The Administrative Office shall provide for access to the criminal charge information system for each qualified individual within one business day of its receipt of the application. Access to the criminal charge information system shall be provided by a telephone service which requires an established fee to be paid by the caller at a cost not to exceed 50¢ per minute.

(g) Funds generated.--Funds transmitted to the Administrative Office under sections 1725(c)(2) (relating to establishment of fees and charges) and 1725.1(a.1) (relating to costs) for the implementation of this section and telephone tolls collected under subsection (f) shall be utilized in the following order of priority:

(1) To annually operate the system under this section.

(2) To build a surplus fund of $50,000 to deal with emergencies and computer upgrading in the operation of the system under this section.

(3) To repay to the General Fund appropriations made to operate the system under this section.

(4) To the General Fund for use under section 2333(b) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(h) Information available to parent.--

(1) After applying and qualifying to obtain the criminal charge information provided by the system, a parent may request information by telephone as to whether the other parent has been charged with any offense listed in 23 Pa.C.S. § 5329(a).

(2) The parent shall also be entitled to criminal history record information as provided for in 18 Pa.C.S. Ch. 91, and the parent shall be informed of the availability.

(3) Criminal charge information shall be retained on the system for the period of time as provided for the retention of criminal charges and records under 18 Pa.C.S. Ch. 91 and then only until the youngest child involved in the custody proceeding or order reaches 18 years of age. At no time shall information be retained on the system beyond what is permitted under 18 Pa.C.S. Ch. 91.

(i) Information available to counsel and the court.--Information available under this act shall be available

to counsel for either parent and to judges who are presiding over custody proceedings involving either parent.

(j) Imposition of cost prohibited.--No cost shall be assessed for applying for or acquiring information under this section, except:

(1) The cost of telephone toll charges shall be assessed.

(2) Costs shall be assessed as provided for in 18 Pa.C.S. Ch. 91.

(k) Disclosure restricted.--The contents of all applications and the inquiries made by all parents shall be confidential and shall only be disclosed as authorized in this section.

(l) Definition.--As used in this section, the term "parent" means a party to a custody proceeding who has been granted custody, partial custody or visitation with a child or who is a party to a custody proceeding. (Oct. 7, 1996, P.L.691, No.119, eff. 120 days; Nov. 23, 2010, P.L.1106, No.112, eff. 60 days) 2010 Amendment. Act 112 amended subsecs. (b), (c) and (h). 1996 Amendment. Act 119 added section 1904. Cross References. Section 1904 is referred to in sections 1725, 1725.1 of this title; section 5330 of Title 23 (Domestic Relations).
42 Pa.C.S. § 4907 — PA Code / Title 42 / Chapter 49 / Section 4907
Expiration of chapter (Repealed).
Status: repealed

2017 Repeal. Section 4907 was repealed October 30, 2017, P.L.725, No.44, effective immediately.
42 Pa.C.S. § 7321.9 — PA Code / Title 42 / Chapter 73 / Section 7321.9
Provisional remedies.
Status: in_force

(a) Court.--Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(b) Arbitrator.--After an arbitrator is appointed and is authorized and able to act:

(1) the arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(c) Effect.--A party does not waive a right of arbitration by making a motion under subsection (a) or (b). Cross References. Section 7321.9 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 6606 — PA Code / Title 42 / Chapter 66 / Section 6606
Termination or modification of prospective relief.
Status: in_force

(a) General rule.--In prison conditions litigation in which prospective relief is or has been ordered, the relief shall be terminable upon the motion of a party or intervener two years after the date the court granted or approved the prospective relief or one year after the date the court entered an order denying termination of prospective relief under this subsection.

(b) Early termination.--Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subsection (a).

(c) Immediate termination.--In prison conditions litigation, a party or intervener shall be entitled to the immediate termination of prospective relief if the relief was approved or granted in the absence of a finding on the record by the court that the relief is narrowly drawn, extends no further

than necessary and is the least intrusive means necessary to correct the violation of Pennsylvania law.

(d) Limitation.--Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of Pennsylvania law previously determined by the court to exist, extends no further than necessary and is the least intrusive means necessary to correct that violation of Pennsylvania law.

(e) Other termination or modification.--Nothing in this section shall prevent a party or intervener from seeking modification or termination to the extent otherwise legally permissible.
42 Pa.C.S. § 5746 — PA Code / Title 42 / Chapter 57 / Section 5746
Suspension or revocation of authority to conduct business in a county.
Status: in_force

(a) General rule.--Upon petition of the district attorney or county solicitor to suspend or revoke the authority of a bondsman to conduct business in a county that has been granted under this subchapter, a rule shall issue out of the court of common pleas, returnable not less than ten days after the issuance thereof. It shall be sufficient service of the said rule upon any bail bondsman to send by certified mail, return receipt requested, to the address filed by the bail bondsman with the office of the clerk pursuant to this subchapter.

(b) Grounds for suspension or revocation.--Any authority granted under the provisions of this subchapter may be suspended or revoked by any court of common pleas for good cause, or for any one or more of the following causes:

(1) Violation of any of the provisions of this subchapter.

(2) Fraudulently obtaining a license from the department or fraudulently obtaining authority to conduct business under the provisions of this subchapter.

(3) Upon conviction for any criminal offense under the laws of this Commonwealth or under the laws of the United States or any other jurisdiction.

(4) Upon being adjudged bankrupt or insolvent.

(5) Failing to pay any judgment rendered on any forfeited undertaking in any court of competent jurisdiction.

(6) Any interference or attempted interference with the administration of justice. (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. Cross References. Section 5746 is referred to in sections 5747.1, 5750 of this title.
42 Pa.C.S. § 103 — PA Code / Title 42 / Chapter 1 / Section 103
Principles of construction.
Status: in_force

(a) Necessary powers conferred.--The provisions of this title shall be construed so as to vest in the unified judicial system and in the personnel of the system power to do all things that are reasonably necessary for the proper execution and administration of their functions within the scope of their respective jurisdiction.

(b) No inference from express grant of powers.--The inclusion in this title of provisions derived from or based on the text of the Constitution of Pennsylvania and the specification in this title of the powers of the unified judicial system is for the avoidance of potential controversy and the convenient codification of the powers of the system from whatever source derived and shall not be construed as a determination by the General Assembly that any of such powers are or are not inherent in the Supreme Court or the other agencies and units of the system under the Constitution of Pennsylvania or otherwise.
42 Pa.C.S. § 7539 — PA Code / Title 42 / Chapter 75 / Section 7539
Issues of fact.
Status: in_force

(a) General rule.--Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact.

(b) Jury trial.--When a proceeding under this subchapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
42 Pa.C.S. § 2504 — PA Code / Title 42 / Chapter 25 / Section 2504
Letters of attorney.
Status: in_force

(a) General rule.--All letters of attorney authorizing acts relating to instruments or judgments may, if duly acknowledged, be filed in the office of the clerk of the court of common pleas of any county. Such filing shall be deemed a recording for the purposes of section 6106 (relating to certified exemplifications of records).

(b) Duration.--A letter of attorney shall remain in effect until a written revocation by the grantor thereof is filed in such office, but this subsection shall not prevent the prior termination by operation of law of the agency evidenced thereby. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 2504.
42 Pa.C.S. § 5977 — PA Code / Title 42 / Chapter 59 / Section 5977
Prisoner from another state summoned to testify in this Commonwealth.
Status: in_force

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this Commonwealth, a judge of the court may certify:

(1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;

(2) that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation or action; and

(3) that the presence of the person will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined and a notice shall be given to the Attorney General of the state in which the prisoner is confined. Transfer of Functions. The powers and duties of the Attorney General and/or the Department of Justice contained in section 5977 were transferred to the Office of General Counsel by section 502 of the act of October 15, 1980, P.L.950, No.164, known as the Commonwealth Attorneys Act, effective January 20, 1981.
42 Pa.C.S. § 7523 — PA Code / Title 42 / Chapter 75 / Section 7523
Duties of the Department of State.
Status: in_force

The Department of State is hereby designated as the agency to receive all documents deposited pursuant to Articles 6 and 7 of the interpleader compact. The Department of State is also directed to act as the repository for all such documents and to keep and make available upon request a complete list of the states with which this Commonwealth is party to the interpleader compact together with such other information as may be in its possession concerning the status of such compact in respect to enactment and withdrawals therefrom. A current list of the states with which this Commonwealth is a party to the interpleader compact shall be published by the department in the Pennsylvania Code.
42 Pa.C.S. § 1605 — PA Code / Title 42 / Chapter 16 / Section 1605
Seat of court.
Status: in_force

The regular sessions of the Court of Judicial Discipline shall be held at the seat of government and elsewhere as provided by rule of court.
42 Pa.C.S. § 5984 — PA Code / Title 42 / Chapter 59 / Section 5984
Videotaped depositions (Repealed).
Status: repealed

2004 Repeal. Section 5984 was repealed July 15, 2004, P.L.736, No.87, effective immediately.
42 Pa.C.S. § 8126 — PA Code / Title 42 / Chapter 81 / Section 8126
Common carriers not liable.
Status: in_force

No common carrier or other person engaged in the business of forwarding or transporting tangible personal property shall be liable in attachment as garnishee or otherwise when such tangible personal property is in transit and at the time of service of process is beyond the limits of this Commonwealth without default, collusion or fraud on the part of such person.
42 Pa.C.S. § 6152.1 — PA Code / Title 42 / Chapter 61 / Section 6152.1
Limit on charges.
Status: in_force

(a) Charges.--

(1) Notwithstanding the provisions of section 6152(c) (relating to subpoena of records), a health care provider

or facility shall not charge more than a flat fee of $19 for the expense of reproducing medical charts or records, plus the actual cost of postage, shipping or delivery, if the charts or records are requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.) or any Federal or State financial needs-based benefit program. The fee provided for in this subsection shall be adjusted annually by the Secretary of Health of the Commonwealth, as provided for in section 6152(a)(2)(i).

(2) No independent or executive agency of the Commonwealth shall be required to pay any search or retrieval fee, copying cost or other cost related to medical charts or records under this section unless otherwise required by law, regulation or agreed to by the agency in guidelines, statements of policy or by publication of notice in the Pennsylvania Bulletin.

(b) Documentation.--The person making the request shall provide the health care provider or facility with clear and convincing documentation that the purpose of the request is to obtain medical charts or records necessary to support a claim or appeal under any provision of the Social Security Act or any Federal or State financial needs-based benefit program.

(c) Request.--For purposes of this section, a request for medical charts or records shall include, but not be limited to, a subpoena for medical charts or records under section 6152 or a letter from a person's attorney of record for whom an Appointment of Representative form (SSA-1696-U4) has been executed, indicating the need for such charts or records. (Feb. 18, 1998, P.L.170, No.26, eff. imd.) 1998 Amendment. Act 26 added section 6152.1.
42 Pa.C.S. § 8387 — PA Code / Title 42 / Chapter 83 / Section 8387
Protection of witnesses.
Status: in_force

At the time of an application for the issuance of a restraining order or an injunction if proof of the existence of the drug-related nuisance depends, in whole or part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person alleged to be involved in the drug-related nuisance, the court may issue orders to protect those witnesses, providing for nondisclosure of the name, address or any other identifying information pertaining to the witnesses, and such other and further relief as the court may deem appropriate.
42 Pa.C.S. § 5308 — PA Code / Title 42 / Chapter 53 / Section 5308
Necessary minimum contacts.
Status: in_force

The tribunals of this Commonwealth may exercise jurisdiction under this subchapter only where the contact with this Commonwealth is sufficient under the Constitution of the United States. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 5308. Cross References. Section 5308 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 9130 — PA Code / Title 42 / Chapter 91 / Section 9130
Authority of arresting officer.
Status: in_force

Every such peace officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
42 Pa.C.S. § 5527 — PA Code / Title 42 / Chapter 55 / Section 5527
Six year limitation.
Status: in_force

(a) Eminent domain.--

(1)

(i) If a condemnor has filed a declaration of taking, a petition for the appointment of viewers for the assessment of damages under 26 Pa.C.S. (relating to eminent domain) must be filed within six years from the date on which the condemnor first made payment in accordance with 26 Pa.C.S. § 307(a) or (b) (relating to possession, right of entry and payment of compensation).

(ii) If payment is not required to be made under 26 Pa.C.S. § 307(a) to obtain possession, a petition for the appointment of viewers must be filed within six years of the filing of the declaration of taking.

(2) If the condemnor has not filed a declaration of taking, a petition for the appointment of viewers for the assessment of damages under 26 Pa.C.S. must be filed within six years from the date on which the asserted taking, injury

or destruction of the property occurred or could reasonably have been discovered by the condemnee.

(b) Other civil action or proceeding.--Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years. (Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; May 4, 2006, P.L.112, No.34, eff. 120 days) 2006 Amendment. Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6. Section (6)(3) of Act 34 provided that the amendment of section 5527 shall apply only to causes of action which accrue after the effective date of section 6. Cross References. Section 5527 is referred to in section 5527.2 of this title.
42 Pa.C.S. § 8368.6 — PA Code / Title 42 / Chapter 83 / Section 8368.6
Applicability and construction.
Status: in_force

(a) Applicability.--This subchapter shall not apply to any of the following:

(1) An asbestos claim for which the applicable period of limitation commenced on or before the effective date of this section.

(2) Workers' compensation benefits paid to an employee under the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, or a comparable workers' compensation law of another jurisdiction.

(3) A claim against a business entity that does not constitute a successor asbestos-related liability.

(4) An insurance business entity under 15 Pa.C.S. Ch. 31 (relating to insurance corporations).

(5) Obligations arising under the National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.) or under a collective bargaining agreement.

(6) A claim against a successor business entity that, after a merger or consolidation, continued in the business of mining asbestos, in the business of selling or distributing asbestos fibers or in the business of

manufacturing, distributing, removing or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed or installed by the transferor.

(b) Construction.--Nothing in this subchapter shall affect the scope or effect of 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations). Limitations under 15 Pa.C.S. § 1929.1 shall continue to apply to all asbestos claims.
42 Pa.C.S. § 5991 — PA Code / Title 42 / Chapter 59 / Section 5991
Declaration of policy.
Status: in_force

In order to promote the best interests of residents of this Commonwealth with intellectual disabilities or autism who are material witnesses or victims of crime, the General Assembly declares its intent, in this subchapter, to provide, where necessity is shown, procedures that will protect material witnesses or victims of crime with intellectual disabilities or autism during their involvement with the criminal justice system.
42 Pa.C.S. § 5806 — PA Code / Title 42 / Chapter 58 / Section 5806
Motion for return of property.
Status: in_force

(a) Motion.--The following shall apply:

(1) A person aggrieved by a search and seizure may move for the return of the property seized by filing a motion in the court of common pleas in the judicial district where the property is located.

(2) The filer under paragraph (1) must serve the Commonwealth.

(3) Upon proof of service, the court shall schedule a prompt hearing on the motion and shall notify the Commonwealth. A hearing on the motion shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the motion.

(4) The assigned judge may require the filing of an answer.

(5) If a forfeiture petition was filed by the Commonwealth before the filing of a motion for return of property, the motion shall be assigned to the same judge for disposition, as practicable.

(b) Contents of motion.--A motion under this section shall:

(1) Be signed by the petitioner under penalty of perjury.

(2) Describe the nature and extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property and any additional facts supporting the petitioner's claim. The information shall include:

(i) A description of the property seized.

(ii) A statement of the time and place where seized, if known.

(iii) The owner, if known.

(iv) The person in possession, if known.

(3) Identify the relief sought, which may include:

(i) Return of the petitioner's property.

(ii) Reimbursement for the petitioner's legal interest in the property.

(iii) Severance of the petitioner's property from the forfeited property.

(iv) Any relief the court deems appropriate and just. Special Provisions in Appendix. See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures. Cross References. Section 5806 is referred to in section 5805 of this title; section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
42 Pa.C.S. § 3528 — PA Code / Title 42 / Chapter 35 / Section 3528
Fiscal period.
Status: in_force

All books and accounts kept by the Administrative Office and other personnel of the system shall be kept as of the fiscal year or period established by section 617 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929." (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 67A04 — PA Code / Title 42 / Chapter 67 / Section 67A04
Law enforcement review.
Status: in_force

(a) Determination.--Except as provided in this section, if a law enforcement agency determines that an audio recording or video recording contains potential evidence in a criminal matter, information pertaining to an investigation or a matter in which a criminal charge has been filed, confidential information or victim information and the reasonable redaction of the audio or video recording would not safeguard potential

evidence, information pertaining to an investigation, confidential information or victim information, the law enforcement agency shall deny the request in writing. The written denial shall state that reasonable redaction of the audio recording or video recording will not safeguard potential evidence, information pertaining to an investigation, confidential information or victim information.

(b) Agreement.--A law enforcement agency may enter into a memorandum of understanding with the Attorney General or the district attorney with jurisdiction to:

(1) ensure consultation regarding the reviewing of audio recordings or video recordings in order to make a determination; or

(2) require the Attorney General or district attorney with jurisdiction to issue a denial permitted under subsection (a). Cross References. Section 67A04 is referred to in sections 67A05, 67A06 of this title.
42 Pa.C.S. § 6340 — PA Code / Title 42 / Chapter 63 / Section 6340
Consent decree.
Status: in_force

(a) General rule.--At any time after the filing of a petition and before the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend the proceedings, and continue the child under supervision in his own home, under terms and conditions negotiated with the probation services and agreed to by all parties affected. The order of the court continuing the child under supervision shall be known as a consent decree.

(b) Objection.--Where the child or the district attorney objects to a consent decree, the court shall proceed to findings, adjudication and disposition.

(c) Duration of decree.--A consent decree shall remain in force for six months unless the child is discharged sooner by probation services with the approval of the court. Upon application of the probation services or other agency supervising the child, made before expiration of the six-month period, a consent decree may be extended by the court for an additional six months.

(c.1) Terms and conditions.--Consistent with the protection of the public interest, the terms and conditions of a consent decree may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child), and shall, as appropriate to the circumstances of each case, include provisions which provide balanced attention to the protection of the community, accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.

(d) Reinstatement of petition.--If prior to discharge by the probation services or expiration of the consent decree, a new petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may, in the discretion of the district attorney following consultation with the probation services, be reinstated and the child held accountable as if the consent decree had never been entered.

(e) Effect of decree.--A child who is discharged by the probation services, or who completes a period of supervision without reinstatement of the original petition, shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct.

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

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

(2) no proceeding seeking adjudication or conviction is pending. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days) 2024 Amendment. Act 108 added subsec. (f). 2004 Amendment. Act 217 amended subsec. (c.1). 1986 Amendment. Act 165 amended subsec. (b). 1978 Amendment. Act 53 amended subsec. (c). Suspension by Court Rule. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(15), amended July 18, 2012, insofar as it is inconsistent with the requirement of Rule 373 relating to conditions of consent decree.
42 Pa.C.S. § 8388 — PA Code / Title 42 / Chapter 83 / Section 8388
Security.
Status: in_force

No bond shall be required to issue a preliminary injunction or special injunction sought by the district attorney or the solicitor for the county or municipality. A bond in an amount fixed and with security approved by the court may be required to issue a preliminary injunction or special injunction when the plaintiff is not the district attorney, the Attorney General or a solicitor for the county or municipality. Where such relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court shall not require a bond in excess of $500.
42 Pa.C.S. § 4565 — PA Code / Title 42 / Chapter 45 / Section 4565
Challenging certain petit jurors where political subdivision is a party.
Status: in_force

A person shall not be challenged for cause and excluded from serving as a juror in any action or proceeding in which a political subdivision is a party or is interested because such person is or was an officer, rated citizen or inhabitant in such political subdivision or owns assessed or taxable property or is liable to the assessment or payment of taxes in such political subdivision. This section shall not apply to peremptory challenges of such persons. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
42 Pa.C.S. § 9103 — PA Code / Title 42 / Chapter 91 / Section 9103
Enforcement and cooperation.
Status: in_force

All government units of this Commonwealth are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
42 Pa.C.S. § 23 — PA Code / Title 42 / Chapter 23 / Section 23
Confinement of children with adults.
Status: in_force

Until December 31, 1979, a child may be detained in a facility with adults if there is no appropriate facility available within a reasonable distance or a contiguous county, whichever is nearer, for the detention of the child in which case the child shall be kept separate and apart from such adults at all times and shall be detained under such circumstances for not more than five days.
42 Pa.C.S. § 7403 — PA Code / Title 42 / Chapter 74 / Section 7403
Beginning the collaborative law process.
Status: in_force

(a) Voluntariness.--Participation in a collaborative law process is voluntary and may not be compelled by a tribunal. A party may terminate the collaborative law process at any time with or without cause.

(b) Commencement.--A collaborative law process shall begin when the parties sign a collaborative law participation agreement. Parties to a proceeding pending before a tribunal may enter into a collaborative law process to resolve a matter related to the proceeding. Cross References. Section 7403 is referred to in section 7405 of this title.