42 Pa.C.S. § 6307 — PA Code / Title 42 / Chapter 63 / Section 6307
Inspection of court files and records.
Status: in_force

(a) General rule.--All files and records of the court in a proceeding under this chapter are open to inspection only by:

(1) The judges, officers and professional staff of the court.

(2) The parties to the proceeding and their counsel and representatives, but the persons in this category shall not be permitted to see reports revealing the names of

confidential sources of information contained in social reports, except at the discretion of the court.

(3) A public or private agency or institution providing supervision or having custody of the child under order of the court.

(4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to a proceeding under this chapter.

(4.1) A court in determining custody, as provided in 23 Pa.C.S. §§ 5328 (relating to factors to consider when awarding custody) and 5329.1 (relating to consideration of child abuse and involvement with protective services).

(5) A judge or issuing authority for use in determining bail, provided that such inspection is limited to orders of delinquency adjudications and dispositions and petitions relating thereto, orders resulting from disposition review hearings and histories of bench warrants and escapes.

(6) The Administrative Office of Pennsylvania Courts.

(6.1) The judges, officers and professional staff of courts of other jurisdictions when necessary for the discharge of their official duties.

(6.2) Officials of the Department of Corrections or a State Correctional Institution or other penal institution to which an individual who was previously adjudicated delinquent in a proceeding under this chapter has been committed, but the persons in this category shall not be permitted to see reports revealing the names of confidential sources of information contained in social reports, except at the discretion of the court.

(6.3) A parole board, court or county probation official in considering an individual's parole or in exercising supervision over any individual who was previously adjudicated delinquent in a proceeding under this chapter, but the persons in this category shall not be permitted to see reports revealing the names of confidential sources of information contained in social reports, except at the discretion of the court.

(6.4) The board for use in completing assessments.

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

(7) With leave of court, any other person or agency or institution having a legitimate interest in the proceedings or in the work of the unified judicial system.

(b) Public availability.--

(1) (Deleted by amendment).

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

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

(A) Murder.

(B) Voluntary manslaughter.

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

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

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

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

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

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

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

(L) Robbery of motor vehicle.

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

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

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

(A) Murder.

(B) Voluntary manslaughter.

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

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

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

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

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

(H) Involuntary deviate sexual intercourse.

(I) Kidnapping.

(J) Rape.

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

(L) Robbery of motor vehicle.

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

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

(2) If the conduct of the child meets the requirements for disclosure as set forth in paragraph (1.1), then the court shall disclose the name, age and address of the child, the offenses charged and the disposition of the case. The judge who adjudicates a child delinquent shall specify the particular offenses and counts thereof which the child is found to have committed, and such information shall be inserted on any court or law enforcement records or files disclosed to the public as provided for in this section or in section 6308(b)(2) (relating to law enforcement records).

(c) Summary offenses.--The provisions of this section shall apply to proceedings involving a child charged with a summary offense when the proceedings are before a judge of the minor

judiciary, the Philadelphia Municipal Court or a court of common pleas. (Feb. 22, 1995, 1st Sp.Sess., P.L.959, No.1, eff. imd.; Dec. 20, 2000, P.L.946, No.129, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Aug. 14, 2003, P.L.97, No.21, eff. 180 days; July 7, 2006, P.L.378, No.81, eff. 7 days; Oct. 25, 2012, P.L.1655, No.204, eff. 90 days; Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; June 28, 2018, P.L.402, No.56, eff. 365 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (a)(6.5). 2018 Amendment. Act 56 amended subsec. (b). See the preamble to Act 56 in the appendix to this title for special provisions relating to findings and declarations. 2014 Amendment. Act 138 amended subsec. (c). 2013 Amendment . Act 107 added subsec. (a)(4.1) and (6.5). See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability. 2006 Amendment. Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81. Cross References. Section 6307 is referred to in sections 6303, 6336.1 of this title.
42 Pa.C.S. § 1104 — PA Code / Title 42 / Chapter 11 / Section 1104
Seats of courts.
Status: in_force

The regular sessions of each community court shall be held at such location within the judicial district as may be approved by the president judge of the court of common pleas of the judicial district in compliance with general rules.
42 Pa.C.S. § 9795.2 — PA Code / Title 42 / Chapter 97 / Section 9795.2
Registration procedures and applicability (Expired).
Status: reserved

2012 Expiration. Section 9795.2 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. § 8152 — PA Code / Title 42 / Chapter 81 / Section 8152
Judicial sale as affecting lien of mortgage.
Status: in_force

(a) General rule.--Except as otherwise provided in this section, a judicial or other sale of real estate shall not affect the lien of a mortgage thereon, if the lien of the mortgage is or shall be prior to all other liens upon the same property except:

(1) Other mortgages, ground rents and purchase money due the Commonwealth.

(2) Taxes, municipal claims and assessments, not at the date of the mortgage duly entered as a lien in the office of the clerk of the court of common pleas.

(3) Taxes, municipal claims and assessments whose lien though afterwards accruing has by law priority given it.

(b) Property of a decedent, etc.--A judicial sale of the property shall divest the lien of a mortgage to the extent authorized by the court pursuant to the following provisions of Title 20 (relating to decedents, estates and fiduciaries): Section 3353 (relating to order of court). Section 3357 (relating to title of purchaser).

(c) Sale on prior lien.--A judicial or other sale of real estate in proceedings under a prior judgment or a prior ground rent, or in foreclosure of a prior mortgage, shall discharge a mortgage later in lien.

(d) Unseated lands.--Subsection (a) shall not apply to mortgages upon unseated lands or sales of unseated lands for taxes. Cross References. Section 8152 is referred to in sections 3315, 4315, 5315 of Title 68 (Real and Personal Property).
42 Pa.C.S. § 4431 — PA Code / Title 42 / Chapter 44 / Section 4431
Duties of Court Administrator.
Status: in_force

(a) Interpreter program.--The Court Administrator may establish a program to appoint and use certified interpreters in judicial proceedings. To certify interpreters, the Court Administrator shall either:

(1) establish a program, which shall include:

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

(ii) establishing and adopting standards of proficiency, including, but not limited to, certification by the Registry of Interpreters for the Deaf or similar registry;

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

(iv) prescribing, determining and certifying the qualifications of persons who may serve as certified interpreters; and

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

(2) establish and support a certification program by any means as deemed appropriate by the Court Administrator.

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

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

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

(e) Standards of professional conduct.--

(1) The Court Administrator shall establish and adopt standards for a code of professional conduct for court interpreters for persons who are deaf.

(2) The Court Administrator shall establish, administer or recommend a process to review and respond to allegations of violations of the code of professional conduct for court interpreters of persons who are deaf, including, but not limited to, decertification and other disciplinary measures.
42 Pa.C.S. § 3571 — PA Code / Title 42 / Chapter 35 / Section 3571
Commonwealth portion of fines, etc.
Status: in_force

(a) General rule.--Except as otherwise provided by statute, the Commonwealth shall be entitled to receive all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited, fees and costs which by law have heretofore been paid or credited to, or which by statute are payable or creditable to, the Commonwealth. Fees and charges in an appellate court fixed pursuant to section 1725 (relating to establishment of fees and charges) shall be paid into the State Treasury. Unless otherwise expressly provided by the General Appropriation Act, such fees and charges shall be credited to the appropriation of the appellate court in which they were received.

(b) Vehicle offenses.--

(1) All fines, forfeited recognizances and other forfeitures imposed, lost or forfeited in connection with matters arising under Chapter 77 of Title 75 (relating to snowmobiles) shall unless otherwise provided in Chapter 77 of Title 75 be payable to the Commonwealth.

(2) Except as provided in paragraphs (4) and (5), when prosecution under any other provision of Title 75 (relating to vehicles) is the result of State Police action, all of the following apply:

(i) All fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund. One-half of the revenue shall be paid to municipalities as designated in subparagraph (ii) in the same ratio provided in section 4 of the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law.

(ii) Distribution of revenue is as follows:

(A) Only a municipality that has a population of not more than 3,000 or that provides at least 40 hours per week of local police services through a municipal police department, participation in a regional police department or contracts with other municipal or regional police for police services may receive revenue under subparagraph (i).

(B) Revenue that is not paid to municipalities under clause (A) shall be transferred to the Pennsylvania State Police for cadet classes.

(3) Except as provided in section 3573 (relating to municipal corporation portion of fines, etc.), when prosecution under any other provision of Title 75 is the result of local police action, one-half of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund.

(4) When prosecution under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) is the result of State Police action, 50% of all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth, for credit to the Motor License Fund, and 50% shall be payable to the county which shall be further divided as follows:

(i) Fifty percent of the moneys received shall be allocated to the appropriate county authority which implements the county drug and alcohol program to be used solely for the purposes of aiding programs promoting drug abuse and alcoholism prevention, education, treatment and research.

(ii) Fifty percent of the moneys received shall be used for expenditures incurred for county jails, prisons, workhouses and detention centers.

(5) When prosecution under any other provision of Title 75 is the result of State Police action on an interstate highway, as defined in 75 Pa.C.S. § 102 (relating to definitions), all fines, forfeited recognizances and other forfeitures imposed, lost or forfeited shall be payable to the Commonwealth for credit to the Motor License Fund.

(c) Costs in magisterial district judge proceedings.--

(1) Costs collected by a magisterial district judge shall be transmitted monthly to the Commonwealth in amounts as prescribed in subsection (b) and the balance shall be transmitted monthly to the county in which the magisterial district is located. Costs transmitted to the Commonwealth shall be credited to the General Fund. Costs transmitted to the county shall be retained by the county for its use.

(2) Amounts payable to the Commonwealth:

(i) Summary conviction, except motor vehicle cases............................. $10.00

(ii) Summary conviction, motor vehicle cases other than subparagraph (iii)...... $10.00

(iii) Summary conviction, motor vehicle cases, hearing demanded.......... $10.00 $13.00

(iv) Misdemeanor..................... $20.00

(v) Felony...........................

(vi) Assumpsit or trespass involving: $12.50

(A) $500 or less.................

(B) More than $500 but not more than $2,000........................... $20.00

(C) More than $2,000 but not more than $4,000........................... $30.00

(D) More than $4,000 but not more than $12,000.......................... $50.00

(vii) Landlord-tenant proceeding involving: $20.00

(A) $2,000 or less...............

(B) More than $2,000 but not more than $4,000........................... $25.00

(C) More than $4,000 but not more than $12,000.......................... $35.00 $5.00

(viii) Objection to levy............ $15.00

(ix) Order of execution.............

(x) Issuing a search warrant (except as provided in section 1725.1(d) (relating to costs))................................ $7.00 $15.00

(xi) Order of possession............

(3) In all cases where costs are borne by the county pursuant to section 1725.2 (relating to assumption of summary conviction costs by county), no share of such costs shall be payable to the Commonwealth.

(4) Except as provided in paragraph (5), beginning on January 1, 1994, and each January 1 thereafter, the costs under paragraph (2) 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 paragraph shall expire January 1, 2025.

(5) For the cost increase to be effective for calendar year 2002 only, the costs under paragraph (2) 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.

(d) Victims compensation fund.--Where any person pleads guilty or nolo contendere to or is convicted of any crime as defined in section 477 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," $10 at least of the cost imposed except costs borne by a political subdivision shall be paid into the General Fund.

(e) Other offenses.--Fines, forfeited recognizances and other forfeitures imposed, lost or forfeited under the following provisions of law shall be payable to the Commonwealth: 18 Pa.C.S. § 7361 (relating to worldly employment or business). Act of December 1, 1965 (P.L.988, No.368), known as the Weights and Measures Act of 1965, when the proceeding is instituted by an agent or employee of the Department of Agriculture. Act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act. (July 20, 1979, P.L.157, No.52, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; July 2, 1993, P.L.395, No.56, eff. 60 days; Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 17, 2001, P.L.944, No.113, eff. imd.; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; 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.; July 5, 2012, P.L.1080, No.124, eff. 60 days) 2024 Partial Repeal. Section 21(14) of Act 54 provided that subsec. (c)(4) 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. (c)(4) shall expire on January 1, 2040.

Amendment . Act 124 amended subsec. (b)(2) and added subsec. (b)(5).

Amendment . Act 30 amended subsec. (c)(2)(vi) and

(vii). 2010 Amendment. Act 96 reenacted and amended subsec. (c)(4). Section 4(1) of Act 96 provided that the reenactment and amendment of subsec. (c)(4) shall apply to costs imposed on or after the effective date of section 4(1). 2004 Amendment. Act 207 amended subsec. (c) hdg. and (1). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 2003 Amendment. Act 24 amended subsec. (b)(4). 2001 Amendment. Act 113 reenacted and amended subsec. (c), retroactive to January 1, 2001. 1994 Amendment. Act 154 amended subsecs. (a), (b) and (e). 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. 1984 Partial Repeal. Section 13 of Act 96 of 1984 provided that section 3571(d) is repealed insofar as it imposes costs in addition to the costs provided for in section 477.15 of the

act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929. References in Text. Section 477 of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929, referred to in subsec. (d), was repealed by the act of November 24, 1998, P.L.882, No.111, known as the Crime Victims Act. The subject matter is now contained in Act 111. The act of December 1, 1965, P.L.988, No.368, known as the Weights and Measures Act of 1965, referred to in subsec. (e), was repealed by the act of December 18, 1996, P.L.1028, No.155. The subject matter is now contained in Chapter 41 of Title 3 (Agriculture). Cross References. Section 3571 is referred to in section 3733 of this title; section 3717 of Title 22 (Detectives and Private Police); section 925 of Title 34 (Game); sections 3116, 3117, 3345.1, 3369, 3370, 3371, 3733, 3807, 4903 of Title 75 (Vehicles).
42 Pa.C.S. § 932 — PA Code / Title 42 / Chapter 9 / Section 932
Appeals from minor judiciary.
Status: in_force

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 exclusive jurisdiction of appeals from final orders of the minor judiciary established within the judicial district.
42 Pa.C.S. § 6206 — PA Code / Title 42 / Chapter 62 / Section 6206
Form of unsworn declaration.
Status: in_force

An unsworn declaration under this chapter must be in substantially the following form: I declare under penalty of perjury under the law of the Commonwealth of Pennsylvania that the foregoing is true and correct. Signed on the........day of........,........, at............................................, (date)........(month)...........(year)......... (county or other location, and state)............ ............................................... (country).................................. (printed name)............................. (signature)................................ (Apr. 20, 2020, P.L.82, No.15, eff. imd.)
42 Pa.C.S. § 9301 — PA Code / Title 42 / Chapter 93 / Section 9301
Procedures, motions and other matters.
Status: in_force

All procedures, motions and other matters relating to the trial, by jury or otherwise, of any criminal proceeding shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.
42 Pa.C.S. § 9757 — PA Code / Title 42 / Chapter 97 / Section 9757
Consecutive sentences of total confinement for multiple offenses.
Status: in_force

Whenever the court determines that a sentence should be served consecutively to one being then imposed by the court, or to one previously imposed, the court shall indicate the minimum sentence to be served for the total of all offenses with respect to which sentence is imposed. Such minimum sentence shall not exceed one-half of the maximum sentence imposed. Cross References. Section 9757 is referred to in section 4505 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 6375 — PA Code / Title 42 / Chapter 63 / Section 6375
Funding.
Status: in_force

The General Assembly shall annually appropriate such sums as it deems to be necessary for the operation and expenses of the commission.
42 Pa.C.S. § 2524 — PA Code / Title 42 / Chapter 25 / Section 2524
Penalty for unauthorized practice of law.
Status: in_force

(a) General rule.--Except as provided in subsection (b), any person, including, but not limited to, a paralegal or legal assistant, who within this Commonwealth shall practice law, or who shall hold himself out to the public as being entitled to practice law, or use or advertise the title of lawyer, attorney at law, attorney and counselor at law, counselor, or the equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being an attorney at law or a corporation complying with 15 Pa.C.S. Ch. 29 (relating to professional corporations), commits a misdemeanor of the third degree upon a first violation. A second or subsequent violation of this subsection constitutes a misdemeanor of the first degree.

(b) Practice by associations.--

(1) An association does not violate subsection (a) if it provides legal services only through officers, employees or agents who are duly admitted to practice law. The association may employ persons not admitted to practice law, but those persons shall not render any legal services rendered or to be rendered by the association.

(2) This subsection shall not be interpreted to preclude the use of clerks, secretaries, administrators, bookkeepers, technicians and other assistants who are not usually and ordinarily considered by law, custom and practice to be rendering legal services nor to preclude the use of any other person who performs all his employment under the direct supervision and control of a person duly admitted to practice law. A person shall not, under the guise of employment, render legal services unless duly admitted to practice law.

(3) Notwithstanding any other provision of law, an association may charge for the legal services of its officers, employees and agents, may collect those charges and may compensate those who render the professional services.

(c) Injunction.--In addition to criminal prosecution, unauthorized practice of law may be enjoined in any county court of common pleas having personal jurisdiction over the defendant. The party obtaining such an injunction may be awarded costs and expenses incurred, including reasonable attorney fees, against the enjoined party. A violation of subsection (a) is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law. (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 7, 1994, P.L.703, No.106, eff. 60 days; July 11, 1996, P.L.607, No.104, eff. 60 days) 1996 Amendment. Act 104 amended subsec. (a) and added subsec. (c).
42 Pa.C.S. § 6911 — PA Code / Title 42 / Chapter 69 / Section 6911
Conflict with other law.
Status: in_force

In the event of a conflict between this chapter and 12 Pa.C.S. Ch. 63 (relating to goods and services installment sales), the provisions of this chapter shall be controlling. (Nov. 27, 2013, P.L.1081, No.98, eff. one year)
42 Pa.C.S. § 5932 — PA Code / Title 42 / Chapter 59 / Section 5932
Witness competent to testify against interest; to become competent upon release of interest.
Status: in_force

Any person who is incompetent under section 5930 (relating to surviving party as witness, in case of death, mental incapacity, etc.) by reason of interest may nevertheless be called to testify against his own interest, and in that event he shall become a fully competent witness for either party. Such person shall also become fully competent for either party by filing of record a release or extinguishment of his interest.
42 Pa.C.S. § 7538 — PA Code / Title 42 / Chapter 75 / Section 7538
Applications for relief.
Status: in_force

(a) General rule.--Judicial relief based on a declaratory judgment or decree may be granted whenever necessary or proper, subject to Chapter 55 (relating to limitation of time). If an application for supplemental relief is deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by a previously entered declaratory judgment or decree to show cause why further relief should not be granted.

(b) Form of application.--An application for relief or supplemental relief under this subchapter shall be in the form prescribed by general rules. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 9799.70 — PA Code / Title 42 / Chapter 97 / Section 9799.70
Counseling of sexually violent predators.
Status: in_force

(a) Counseling required.--For the period of registration required by section 9799.55(b) (relating to registration), a sexually violent predator shall be required to attend at least monthly counseling sessions in a program approved by the board and be financially responsible for all fees assessed from the counseling sessions. The board shall monitor the compliance of the sexually violent predator. If the sexually violent predator can prove to the satisfaction of the court that the person cannot afford to pay for the counseling sessions, that person shall still attend the counseling sessions and the parole office shall pay the requisite fees.

(b) Notice.--A provider of counseling sessions under subsection (a) shall notify the district attorney of the county and the chief law enforcement officer as defined in section 8951 (relating to definitions) of the municipality where the provider is located that the provider is counseling sexually violent predators. Notice under this subsection must be submitted in writing no later than January 15 of each year and shall include the address of the provider. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted and amended section 9799.70. Act 29 overlooked the addition of section 9799.70 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.70. Cross References. Section 9799.70 is referred to in section 9799.60 of this title; section 4915.2 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 8545 — PA Code / Title 42 / Chapter 85 / Section 8545
Official liability generally.
Status: in_force

An employee of a local agency is liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency and subject to the limitations imposed by this subchapter. Cross References. Section 8545 is referred to in sections 8550, 8557 of this title; section 9158.5 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 727 — PA Code / Title 42 / Chapter 7 / Section 727
Special tribunal.
Status: in_force

(a) General rule.--A justice seeking review of a decision of the Court of Judicial Discipline pursuant to section 18 of
42 Pa.C.S. § 5945.2 — PA Code / Title 42 / Chapter 59 / Section 5945.2
Confidential communications to crime stopper or similar anticrime program.
Status: in_force

(a) General rule.--No person engaged in, connected with or employed by any crime stopper or similar anticrime program shall be required in any manner to disclose the source of any information received, procured or obtained by such person or crime stopper or similar anticrime program in any legal proceeding, trial or investigation before any government unit.

(b) Definition.--As used in this section, "crime stopper or similar anticrime program" means a private, nonprofit organization that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency. (Dec. 20, 2000, P.L.742, No.105, eff. 60 days) 2000 Amendment. Act 105 added section 5945.2. Cross References. Section 5945.2 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 8326 — PA Code / Title 42 / Chapter 83 / Section 8326
Effect of release as to other tort-feasors.
Status: in_force

A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides, but reduces the claim against the other tort-feasors in the amount of the consideration paid for the release or in any amount or proportion by which the release provides that the total claim shall be reduced if greater than the consideration paid.
42 Pa.C.S. § 4437 — PA Code / Title 42 / Chapter 44 / Section 4437
Cost of providing interpreter.
Status: in_force

(a) General rule.--Except as provided by general rule and in subsection (b), an interpreter appointed in accordance with this subchapter is entitled to a reasonable fee for the services of the interpreter and shall be reimbursed for actual and reasonable expenses by the county that has jurisdiction over the judicial proceeding.

(b) Payment determination of certain costs.--Disposition of all or part of the cost of providing an interpreter appointed in accordance with section 4432(d) (relating to appointment of interpreter) shall be in the discretion of the court that has jurisdiction over the judicial proceeding. In no event shall the cost of providing interpreter services be the responsibility of the person who is deaf. If the principal party in interest is indigent, then the cost of providing interpreter services shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding. The presiding

judicial officer may order reimbursement to the county for its responsibilities under this subchapter. Cross References. Section 4437 is referred to in section 4438 of this title.
42 Pa.C.S. § 4905 — PA Code / Title 42 / Chapter 49 / Section 4905
Purpose of account.
Status: in_force

(a) Permitted use.--All moneys in the account and any investment income accrued shall be used exclusively to provide civil legal assistance to poor and disadvantaged persons in this Commonwealth. The Supreme Court shall, by rule, determine eligibility for legal assistance under this subsection.

(b) Prohibited use.--Recipients of funds under this chapter are prohibited from using these funds to contribute to or be made available to any political party or association or the campaign of any candidate for public or party office or similar political activities or to support or oppose candidates for public or party office or to support or oppose any ballot questions or to engage in lobbying activities except that:

(1) A recipient of funds may engage in lobbying activities in response to a request from a governmental agency, legislative body, committee, member or staff thereof made to the recipient, consistent with the Rules of Professional Conduct.

(2) An eligible legal services provider may engage in lobbying activities in the provision of legal services to an eligible client on a particular application, claim or case which directly involves that client's legal rights and responsibilities; however, this shall not be construed to permit an eligible legal services provider to solicit a client in violation of the Rules of Professional Conduct for the purpose of making such representation possible. Cross References. Section 4905 is referred to in section 4906 of this title.
42 Pa.C.S. § 3322 — PA Code / Title 42 / Chapter 33 / Section 3322
Discontinuance of community courts.
Status: in_force

(a) General rule.--In a judicial district which discontinues a community court, a person serving as a judge of the community court at such time:

(1) may complete his term exercising the jurisdiction provided or prescribed by law and with the compensation provided by or pursuant to statute; and

(2) upon completion of his term, his office is abolished and no judicial function of the kind theretofore exercised by the community court shall thereafter be exercised other than by the court of common pleas and the magisterial district judges of the judicial district.

(b) Philadelphia.--If the Community Court of Philadelphia County is discontinued the judges of that court shall become judges of the Philadelphia Municipal Court and their tenure shall not be otherwise affected. (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 3322 is referred to in sections 1102, 3131 of this title.
42 Pa.C.S. § 5336 — PA Code / Title 42 / Chapter 53 / Section 5336
Pennsylvania rules applicable.
Status: in_force

The Pennsylvania Rules of Civil Procedure and any statutes relating to service of subpoenas and compliance with subpoenas shall apply to all subpoenas issued under this subchapter. Such rules shall include, but are not limited to, the following: No. 4009.21 (relating to Subpoena Upon a Person Not a Party for Production of Documents and Things. Prior Notice. Objections). No. 4009.22 (relating to Service of Subpoena). No. 4009.23 (relating to Certificate of Compliance By a Person Not a Party. Notice of Documents or Things Received).

No. 4009.24 (relating to Notice of Intent to Serve Subpoena. Objection to Subpoena. Forms). No. 4009.25 (relating to Certificate Prerequisite to Service of Subpoena. Form). No. 4009.26 (relating to Subpoena to Produce Documents or Things. Form). No. 4009.27 (relating to Certificate of Compliance. Form).
42 Pa.C.S. § 6142 — PA Code / Title 42 / Chapter 61 / Section 6142
Pleas in vehicle matters.
Status: in_force

(a) General rule.--A plea of guilty or nolo contendere, or a payment of the fine and costs prescribed after any such plea, in any summary proceeding made by any person charged with a violation of Title 75 (relating to vehicles) shall not be admissible as evidence in any civil matter arising out of the same violation or under the same facts or circumstances.

(b) Exception.--The provisions of subsection (a) shall not be applicable to administrative or judicial proceedings involving the suspension of a motor vehicle or tractor operating privilege, learner's permit, or right to apply for a motor vehicle or tractor operating privilege, or the suspension of a certificate of appointment as an official inspection station, or the suspension of a motor vehicle, tractor, or trailer registration. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended the section heading and subsec. (a).
42 Pa.C.S. § 8921 — PA Code / Title 42 / Chapter 89 / Section 8921
Scope of subchapter.
Status: in_force

(a) General rule.--This subchapter shall apply only to peace officers of any state or political subdivision thereof which by its laws has made similar provision for the arrest and custody of persons closely pursued within the territory thereof.

(b) Transmission of subchapter.--The Department of State shall certify and deliver a copy of this subchapter to the executive authority of each state.
42 Pa.C.S. § 3152 — PA Code / Title 42 / Chapter 31 / Section 3152
Tenure of judicial officers.
Status: in_force

(a) Judges and magisterial district judges.--The regular term of office of judges and magisterial district judges shall be as follows:

(1) Judges of the Philadelphia Municipal Court and the Traffic Court of Philadelphia--Six years.

(2) Judges of the Pittsburgh Magistrates Court--Four years.

(3) All other judges--Ten years.

(4) Magisterial district judges--Six years.

(b) Effect of changes.--The tenure of any judge or magisterial district judge shall not be affected by changes in judicial or magisterial districts or by reduction in the number of judges or magisterial districts. Where a multicounty judicial district is divided by statute into two or more districts or where a county is transferred by statute from one judicial district to another, a judge shall continue to be or shall become a judge of that judicial district which embraces the county of that person's residence at the effective date of the change. Where the boundaries of a magisterial district are revised pursuant to section 1503 (relating to reestablishment of districts) a magisterial district judge shall continue to be or shall become a magisterial district judge of the magisterial district in which that person resides at the effective date of the change.

(c) Appointive judicial officers.--Except as otherwise provided or prescribed by law, appointive judicial officers shall hold office at the pleasure of the appointing authority. Mental health review officers shall be appointed for terms not to exceed one year, and may be reappointed to successive terms. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1978 Amendment. Act 53 amended subsecs. (b) and (c). References in Text. The Traffic Court of Philadelphia, referred to in subsec. (a)(1), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 3152 is referred to in sections 3131, 3153 of this title.
42 Pa.C.S. § 6329 — PA Code / Title 42 / Chapter 63 / Section 6329
Concurrent jurisdiction on military installations.
Status: in_force

The jurisdiction of a court in a proceeding under this chapter shall be concurrent with that of a Federal court sitting in this Commonwealth over proceedings involving a violation of Federal law committed by a child on a military installation of the United States Department of Defense if:

(1) The Federal court or an attorney authorized to make decisions concerning prosecution on behalf of the United States, including a United States Attorney or Judge Advocate General, waives exclusive jurisdiction.

(2) The violation of Federal law is also a crime under the laws of this Commonwealth. (June 27, 2025, P.L.8, No.6, eff. imd.) 2025 Amendment. Act 6 added section 6329.
42 Pa.C.S. § 6203 — PA Code / Title 42 / Chapter 62 / Section 6203
Applicability.
Status: in_force

This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within or outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. (Apr. 20, 2020, P.L.82, No.15, eff. imd.)
42 Pa.C.S. § 6324 — PA Code / Title 42 / Chapter 63 / Section 6324
Taking into custody.
Status: in_force

A child may be taken into custody:

(1) Pursuant to an order of the court under this chapter. Prior to entering a protective custody order removing a child from the home of the parent, guardian or custodian, the court must determine that to allow the child to remain in the home is contrary to the welfare of the child.

(2) Pursuant to the laws of arrest.

(3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in imminent danger from his surroundings, and that his removal is necessary.

(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his parents, guardian, or other custodian.

(5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has violated conditions of his probation. (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days) Suspension by Court Rule. Section 6324 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(6), adopted August 21, 2006, insofar as it is inconsistent with Rule 1202 relating to procedures for protective custody by police and county agency. Cross References. Section 6324 is referred to in sections 6304, 6321, 6327, 6351, 6351.1 of this title; section 6315 of Title 23 (Domestic Relations).
42 Pa.C.S. § 8383 — PA Code / Title 42 / Chapter 83 / Section 8383
Action to abate.
Status: in_force

Wherever there is reason to believe that a drug-related nuisance exists, the district attorney, the Attorney General, if requested by a district attorney, the solicitor for the county or municipality, a resident within 1,000 feet of the property, including a tenant of the property, the owner of property or any community-based organization may file an action in the court of common pleas to abate, enjoin and prevent the drug-related nuisance. Such actions shall be commenced by the filing of a complaint alleging the facts constituting the drug-related nuisance.
42 Pa.C.S. § 6401 — PA Code / Title 42 / Chapter 64 / Section 6401
Scope of chapter.
Status: in_force

This chapter establishes rights and procedures for the civil commitment of sexually violent delinquent children who, due to a mental abnormality or personality disorder, have serious difficulty in controlling sexually violent behavior and thereby pose a danger to the public and further provides for additional periods of commitment for involuntary treatment for said persons.
42 Pa.C.S. § 6504 — PA Code / Title 42 / Chapter 65 / Section 6504
Return on writ.
Status: in_force

The writ, or the order to show cause why the writ should not issue, shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding 20 days, is allowed. The person to whom the writ or the order is directed shall make a return certifying the true cause of the detention and, except as otherwise prescribed by general rules or by rule or order of court, shall produce at the hearing the body of the person detained. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 9799.64 — PA Code / Title 42 / Chapter 97 / Section 9799.64
Administration.
Status: in_force

The Governor shall direct the Pennsylvania State Police, the Pennsylvania Parole Board, the board, the Department of Corrections, the Department of Transportation and any other agency of this Commonwealth 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. (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
42 Pa.C.S. § 3734 — PA Code / Title 42 / Chapter 37 / Section 3734
Annual appropriations.
Status: in_force

Beginning with the fiscal year 1987-1988, the General Assembly shall appropriate initially from the General Fund and thereafter from the Judicial Computer System Augmentation Account funds sufficient to meet the costs of the initial startup and the ongoing operations of the Statewide judicial computer system.
42 Pa.C.S. § 8547 — PA Code / Title 42 / Chapter 85 / Section 8547
Legal assistance.
Status: in_force

(a) Mandatory provision of legal assistance generally.--When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and it is alleged that the act of the employee which gave rise to the claim was within the scope of the office or duties of the employee, the local agency shall, upon the written request of the employee, defend the action, unless or until there is a judicial determination that such act was not within the scope of the office or duties of the employee.

(b) Optional provision of legal assistance generally.--When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and it is not alleged that the act of the employee which gave rise to the claim was within the scope of his office or duties, the local agency may, upon the written request of the employee, defend the action, and such undertaking to defend thereafter may be withdrawn only with the approval of the court. If the local agency has refused a written request to defend the action, and it is judicially determined that the act was, or that the employee in good faith reasonably believed that such act was, within the scope of the office or duties of the employee and did not constitute a crime, actual fraud, actual malice or willful misconduct, the local agency shall reimburse the employee for the expenses of his legal defense in such amounts as shall be determined to be reasonable by the court.

(c) Control of litigation.--When, pursuant to subsection

(a) or subsection (b), the local agency defends an action against an employee thereof at the request of the employee, it may assume exclusive control of the defense of the employee,

keeping him advised with respect thereto, and the employee shall cooperate fully with the defense, except that in situations where the legal counsel provided by the local agency determines that the interests of the employee and the local agency conflict, the local agency shall obtain the express written consent of the employee for such interested representation or shall supply independent representation.
42 Pa.C.S. § 9721 — PA Code / Title 42 / Chapter 97 / Section 9721
Sentencing generally.
Status: in_force

(a) General rule.--In determining the sentence to be imposed the court shall, except as provided in subsection (a.1), consider and select one or more of the following alternatives, and may impose them consecutively or concurrently:

(1) An order of probation.

(2) A determination of guilt without further penalty.

(3) Partial confinement.

(4) Total confinement.

(5) A fine.

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(a.1) Exception.--

(1) Unless specifically authorized under section 9763 (relating to conditions of probation), subsection (a) shall not apply where a mandatory minimum sentence is otherwise provided by law.

(2) A person may be eligible for the State drug treatment program or State motivational boot camp as described in 61 Pa.C.S. Ch. 39 (relating to motivational boot camp), even if a mandatory minimum sentence would otherwise be provided by law.

(3) An eligible person may be sentenced to total confinement pursuant to subsection (a)(4) and a recidivism risk reduction incentive minimum sentence pursuant to section 9756(b.1) (relating to sentence of total confinement), even if a mandatory minimum sentence would otherwise be provided by law.

(b) General standards.--In selecting from the alternatives set forth in subsection (a), the court shall follow the general principle that the sentence imposed should call for total confinement that is consistent with section 9725 (relating to total confinement) and the protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant. The court shall also consider any guidelines for sentencing and resentencing adopted by the Pennsylvania Commission on Sentencing and taking effect under section 2155 (relating to publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation). In every case in which the court imposes a sentence for a felony or misdemeanor, modifies a sentence, resentences a person following revocation of probation or resentences following remand, the court shall make as a part of the record, and disclose in open court at the time of sentencing, a statement of the reason or reasons for the sentence imposed. In every case where the court imposes a sentence or resentence outside the guidelines adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing), 2154.1 (relating to adoption of guidelines for restrictive conditions), 2154.3 (relating to adoption of guidelines for fines), 2154.4 (relating to adoption of guidelines for resentencing) and 2154.5

(relating to adoption of guidelines for parole) and made effective under section 2155, the court shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines to the commission, as established under section 2153(a)(14) (relating to powers and duties). Failure to comply shall be grounds for vacating the sentence or resentence and resentencing the defendant.

(c) Mandatory restitution.--In addition to the alternatives set forth in subsection (a) of this section the court shall order the defendant to compensate the victim of his criminal conduct for the damage or injury that he sustained. For purposes of this subsection, the term "victim" shall be as defined in section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(c.1) Mandatory payment of costs.--Notwithstanding the provisions of section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties) or any provision of law to the contrary, in addition to the alternatives set forth in subsection (a), the court shall order the defendant to pay costs. In the event the court fails to issue an order for costs pursuant to section 9728, costs shall be imposed upon the defendant under this section. No court order shall be necessary for the defendant to incur liability for costs under this section. The provisions of this subsection do not alter the court's discretion under Pa.R.Crim.P. No. 706(C) (relating to fines or costs).

(d) Detailed criteria.--With respect to each alternative the criteria to be considered by the court are set forth in this subchapter.

(e) Term of imprisonment.--All sentences of imprisonment imposed under this chapter shall be for a definite term. (Nov. 26, 1978, P.L.1316, No.319, eff. Jan. 1, 1979; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; July 11, 1991, P.L.76, No.13, eff. imd.; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Oct. 27, 2010, P.L.931, No.95, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsecs. (a), (a.1) and

(b). 2010 Amendments. Act 95 amended subsec. (a.1) and Act 96 added subsec. (c.1). Section 4(1) of Act 96 provided that subsec. (c.1) shall apply to costs imposed on or after the effective date of section 4(1). 1995 Amendment. Act 12, 1st Sp.Sess., amended subsec. (c). References in Text. Section 479.1 of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929, referred to in subsec. (c), was repealed by the act of November 24, 1998, P.L.882, No.111, known as the Crime Victims Act. The subject matter is now contained in Act 111. Cross References. Section 9721 is referred to in sections 9728, 9775, 9802 of this title; sections 910, 2706, 2715, 2716, 3926, 5516 of Title 18 (Crimes and Offenses); section 3111.1 of Title 75 (Vehicles).
42 Pa.C.S. § 7901 — PA Code / Title 42 / Chapter 79 / Section 7901
Procedures, motions and other matters.
Status: in_force

All post-trial procedures, motions and other matters relating to any civil action or proceeding, trial de novo and returns on certiorari from the minor judiciary shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.
42 Pa.C.S. § 9722 — PA Code / Title 42 / Chapter 97 / Section 9722
Order of probation.
Status: in_force

The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of an order of probation:

(1) The criminal conduct of the defendant neither caused nor threatened serious harm.

(2) The defendant did not contemplate that his conduct would cause or threaten serious harm.

(3) The defendant acted under a strong provocation.

(4) There were substantial grounds tending to excuse or justify the criminal conduct of the defendant, though failing to establish a defense.

(5) The victim of the criminal conduct of the defendant induced or facilitated its commission.

(6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.

(8) The criminal conduct of the defendant was the result of circumstances unlikely to recur.

(9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime.

(10) The defendant is particularly likely to respond affirmatively to probationary treatment.

(11) The confinement of the defendant would entail excessive hardship to him or his dependents.

(12) Such other grounds as indicate the desirability of probation. Cross References. Section 9722 is referred to in section 9723 of this title.
42 Pa.C.S. § 9796 — PA Code / Title 42 / Chapter 97 / Section 9796
Verification of residence (Expired).
Status: reserved

2012 Expiration. Section 9796 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. § 9799.7 — PA Code / Title 42 / Chapter 97 / Section 9799.7
Exemption from notification for certain licensees and their employees (Expired).
Status: reserved

2012 Expiration. Section 9799.7 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. § 4325 — PA Code / Title 42 / Chapter 43 / Section 4325
Duplicate permanent records.
Status: in_force

In order to provide insurance for the more actively used working copies against damage or loss through wear or disaster, duplicate copies of all permanent records designated by the Administrative Office shall be maintained at such locations as

shall be approved by the Administrative Office. Such designations insofar as they relate to the records maintained by related staff, shall be subject to the approval of the County Records Committee.
42 Pa.C.S. § 8368.3 — PA Code / Title 42 / Chapter 83 / Section 8368.3
Liability.
Status: in_force

(a) Limitation.--Except as provided under subsection (c), the cumulative successor asbestos-related liability of a successor business entity shall be limited to the fair market value of the total gross assets of the transferor as of the time of the merger or consolidation with the successor business entity.

(b) Responsibility.--A successor business entity shall have no responsibility for successor asbestos-related liabilities in excess of the limitation under subsection (a).

(c) Exception.--If a transferor assumed or incurred successor asbestos-related liability in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor as of the time of the prior merger or consolidation shall be substituted for the limitation under subsection (a) for purposes of determining the liability of the successor business entity. Cross References. Section 8368.3 is referred to in section 8368.5 of this title.
42 Pa.C.S. § 9719 — PA Code / Title 42 / Chapter 97 / Section 9719
Sentences for offenses committed while impersonating a law enforcement officer.
Status: in_force

(a) Mandatory sentence.--A person convicted of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping or who is convicted of attempt to commit any of these crimes shall, if the person was impersonating a law enforcement officer during the commission of the offense, be sentenced to a minimum sentence of at least three years of total confinement notwithstanding any other provision of this title or other statute to the contrary.

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

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

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

(e) Definition.--As used in this section, the term "law enforcement officer" means a law enforcement officer or employee of the United States, a state, a political subdivision of a state or the District of Columbia. (Apr. 13, 1988, P.L.336, No.47, eff. 60 days) 1988 Amendment. Act 47 added section 9719.
42 Pa.C.S. § 9807 — PA Code / Title 42 / Chapter 98 / Section 9807
Commission.
Status: in_force

(a) Powers and duties.--The commission shall have the following powers and duties:

(1) Subject to the provisions of subsection (b), to adopt rules and regulations pursuant to this act regarding:

(i) The submission, review and approval of county intermediate punishment plans.

(ii) Standards for the development, operation and evaluation of programs and services. In promulgating regulations under this subparagraph, the commission shall consider comments submitted by the counties.

(iii) The administration and disbursement of funds under this chapter.

(2) To provide training and technical assistance to boards and program staff.

(3) To ensure that all programs are in compliance with applicable Federal, State and local law.

(4) To monitor county intermediate punishment programs to determine their impact on offenders.

(5) To remit funds as provided for under section 9808 (relating to funding and audits).

(b) Interim regulations.--Pending adoption and publication of final rules and regulations, the commission shall have the power and authority to suspend existing regulations and to promulgate, adopt, publish and use interim regulations for the implementation of this chapter for a period of one year immediately following the effective date of this chapter or until the effective date of final rules and regulations, whichever first occurs. Notwithstanding any other provision of law to the contrary, the interim regulations proposed under the authority of this section shall be subject to review by the Office of General Counsel and the Attorney General in the manner provided for the review of proposed rules and regulations pursuant to the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and shall not be subject to review pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
42 Pa.C.S. § 6357 — PA Code / Title 42 / Chapter 63 / Section 6357
Rights and duties of legal custodian.
Status: in_force

A custodian to whom legal custody has been given by the court under this chapter has the right to the physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care and the right and duty to provide for the care, protection, training, and education, and the physical, mental, and moral welfare of the child. An award of legal custody shall be subject to the conditions and limitations of the order and to the remaining rights and duties of the parents or guardian of the child as determined by the court. The court may award legal custody under this section on a temporary basis to an individual or agency under section 6351(a)(2) (relating to disposition of dependent child) or permanent basis to an individual under section 6351(a)(2.1). (Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999) Cross References. Section 6357 is referred to in section 6336.1 of this title.
42 Pa.C.S. § 9799.54 — PA Code / Title 42 / Chapter 97 / Section 9799.54
Applicability.
Status: in_force

(a) Registration.--The following individuals shall register with the Pennsylvania State Police as provided in this subchapter:

(1) An individual who committed a sexually violent offense within this Commonwealth and whose period of registration with the Pennsylvania State Police, as specified in section 9799.55 (relating to registration), as of February 21, 2018, has not expired. The individual shall register for the period of time under section 9799.55 less any credit for time spent registered with the Pennsylvania State Police prior to February 21, 2018.

(2) An individual who committed a sexually violent offense within this Commonwealth and who has failed to register with the Pennsylvania State Police. In such a case, the individual shall register for the period of time under section 9799.55.

(3) An individual who committed a sexually violent offense within this Commonwealth and is an inmate in a State or county correctional facility of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Department of Corrections or county probation or parole, is subject to a sentence of intermediate punishment or has supervision transferred under the Interstate Compact for Adult Supervision in accordance with section 9799.62(e) (relating to other notification). The individual shall register for the period of time under section 9799.55, except that the period required in section 9799.55 shall be tolled for any

period of time the individual is recommitted for a parole violation or sentenced to a term of imprisonment.

(4) An individual who was convicted of an offense similar to an offense set forth in section 9799.55 under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or under a former law of this Commonwealth or who was court martialed for a similar offense and who, as of February 21, 2018, has not completed registration requirements. The period of registration shall be as set forth in section 9799.56(b)(4) (relating to registration procedures and applicability) less any credit for time spent on a sexual offender registry of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or with the Pennsylvania State Police prior to February 21, 2018.

(b) Initial registration.--Individuals required to register under this section shall have 90 days from February 21, 2018, to initially register with the Pennsylvania State Police. The individual shall appear at an approved registration site to be photographed, fingerprinted and to verify information. The Pennsylvania State Police shall send a notice by first class United States mail to the individual's last reported residence in order to inform the individual of the requirements of this subchapter. The notice shall specifically inform the individual of the duties specified in section 9799.57 (relating to sentencing court information). The notice shall be sent no later than 30 days from February 21, 2018. The notice shall also provide a list of approved registration sites. Neither failure on the part of the Pennsylvania State Police to send nor failure of an individual to receive notice or information under this paragraph shall relieve the individual of the requirements of this subchapter. (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (a)(3). 2018 Amendment. Act 29 reenacted and amended section 9799.54. Act 29 overlooked the addition of section 9799.54 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.54. Cross References. Section 9799.54 is referred to in sections 9799.55, 9799.56, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 9703 — PA Code / Title 42 / Chapter 97 / Section 9703
Scope of chapter.
Status: in_force

Except as otherwise specifically provided in this chapter, in all cases the sentence to be imposed shall be determined by the court as authorized by law. (Mar. 8, 1982, P.L.169, No.54, eff. 90 days) 1982 Amendment. Act 54 added section 9703.
42 Pa.C.S. § 8392 — PA Code / Title 42 / Chapter 83 / Section 8392
Severability.
Status: in_force

If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter or the application of the provision to other persons or circumstances shall not be affected.
42 Pa.C.S. § 3132 — PA Code / Title 42 / Chapter 31 / Section 3132
Vacancies in office.
Status: in_force

(a) General rule.--Except as provided in subsection (b), a vacancy in the office of judge or magisterial district judge shall be filled by appointment by the Governor. The appointment shall be with the advice and consent of two-thirds of the members elected to the Senate, except in the case of magisterial district judges which shall be by a majority. The person so appointed shall serve for a term ending on the first Monday of January following the next municipal election more than ten months after the vacancy occurs or for the remainder of the unexpired term whichever is less.

(b) Pittsburgh Magistrates Court.--A vacancy in the office of judge of the Pittsburgh Magistrates Court shall be filled as provided in section 3131(d) (relating to Pittsburgh Magistrates Court).

(c) Retention vacancies.--The provisions of subsection (a) shall not apply to a vacancy to be filled by retention election as provided in section 3131(b) (relating to retention election after transfer or appointment) or section 3153 (relating to retention elections after regular term) or to a vacancy created by failure of a judge to file a declaration for retention election as provided in section 3131(b) or section 3153.

(d) Vacancies following appointive term.--A vacancy occurring at the expiration of an appointive term under subsection (a) shall be filled by election as provided in section 3131 (relating to selection of judicial officers for regular terms). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Cross References. Section 3132 is referred to in sections 3131, 3153 of this title.
42 Pa.C.S. § 6305 — PA Code / Title 42 / Chapter 63 / Section 6305
Masters.
Status: in_force

(a) General rule.--The governing authority may promulgate rules for the selection and appointment of masters on a full-time or part-time basis. A master shall be a member of the bar of this Commonwealth. The number and compensation of masters shall be fixed by the governing authority, and their compensation shall be paid by the county.

(b) Hearings before masters.--The court of common pleas may direct that hearings in any case or class of cases be conducted in the first instance by the master in the manner provided in this chapter. Before commencing the hearing the master shall inform the parties who have appeared that they are entitled to have the matter heard by a judge. If a party objects, the hearing shall be conducted by a judge.

(c) Recommendations of masters.--Upon the conclusion of a hearing before a master, he shall transmit written findings and recommendations for disposition to the judge. Prompt written notice and copies of the findings and recommendations shall be given to the parties to the proceeding.

(d) Rehearing before judge.--A rehearing before the judge may be ordered by the judge at any time upon cause shown. Unless a rehearing is ordered, the findings and recommendations become the findings and order of the court when confirmed in writing by the judge. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a). Suspension by Court Rule. Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(6), amended December 30, 2005, insofar as it is inconsistent with Rule 187 relating to authority of master. Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(5), adopted August 21, 2006, insofar as it is inconsistent with Rule 1187 relating to authority of master.
42 Pa.C.S. § 5808 — PA Code / Title 42 / Chapter 58 / Section 5808
Exceptions.
Status: in_force

(a) Contraband.--Nothing in this chapter shall be construed to apply to the forfeiture of the following:

(1) Items bearing a counterfeit mark under 18 Pa.C.S. § 4119 (relating to trademark counterfeiting).

(2) Liquor, alcohol or malt or brewed beverages illegally manufactured or possessed under section 601 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(3) Unlawfully stamped cigarettes under section 307 of the act of December 30, 2003 (P.L.441, No.64), known as the Tobacco Product Manufacturer Directory Act.

(4) Unstamped cigarettes under section 1285 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(b) Abandoned and unclaimed property.--This chapter shall not apply to abandoned or unclaimed property under Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code. 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 5808 is referred to in section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141,

4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
42 Pa.C.S. § 5329 — PA Code / Title 42 / Chapter 53 / Section 5329
Other provisions of law unaffected.
Status: in_force

Except as otherwise provided in this subchapter, this subchapter does not repeal or modify any law of this Commonwealth:

(1) Authorizing the exercise of jurisdiction on any basis other than the bases specified in section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth).

(2) Permitting a procedure for service or for obtaining testimony, documents, or other things for use in this Commonwealth or in a tribunal outside this Commonwealth other than the procedures prescribed in section 5323 (relating to service of process on persons outside this Commonwealth) through section 5326 (relating to assistance to tribunals and litigants outside this Commonwealth with respect to depositions).

(3) Authorizing the determination of foreign law or the proof of official records or any entry or lack of entry therein by any method other than the methods prescribed in section 5327 (relating to determination of foreign law) and section 5328 (relating to proof of official records). Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5329 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers. References in Text. Section 5326, referred to in this section, is repealed.
42 Pa.C.S. § 67A02 — PA Code / Title 42 / Chapter 67 / Section 67A02
Scope of chapter.
Status: in_force

(a) Exemption.--The provisions of this chapter, and not the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, shall apply to any audio recording or video recording made by a law enforcement agency.

(b) Limitation.--Nothing in this chapter nor the Right-to-Know Law shall establish a right to production of an audio recording or video recording made inside a facility owned or operated by a law enforcement agency or to any communications between or within law enforcement agencies concerning an audio or video recording.
42 Pa.C.S. § 3545 — PA Code / Title 42 / Chapter 35 / Section 3545
Debits to account.
Status: in_force

(a) General rule.--Each political subdivision required by this subchapter to maintain a judicial and related account shall debit to such account:

(1) Amounts paid pursuant to section 3544 (relating to disbursements).

(2) Any amounts required by statute to be paid from any of the sources of income specified in section 3543 (relating to credits to account).

(b) Accommodations.--Expenses under this section include the costs of leased accommodations and the fair rental value of accommodations provided in facilities owned by the political subdivision.
42 Pa.C.S. § 9799.31 — PA Code / Title 42 / Chapter 97 / Section 9799.31
Immunity for good faith conduct.
Status: in_force

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

(1) Agents and employees of the Pennsylvania State Police and local law enforcement agencies.

(2) District attorneys and their agents and employees.

(3) Superintendents, administrators, teachers, employees and volunteers engaged in the supervision of children of any public, private or parochial school.

(4) Directors and employees of county children and youth agencies.

(5) Presidents or similar officers of universities and colleges, including community colleges.

(6) The Pennsylvania Parole Board and its agents and employees.

(7) County probation and parole offices and their agents and employees.

(8) Licensees of certified day-care centers and directors of licensed preschool programs and owners and operators of registered family day-care homes and their agents and employees.

(9) The Department of Corrections and its agents and employees.

(10) County correctional facilities and their agents and employees.

(11) The board and its members, agents and employees.

(12) Juvenile probation offices and their agents and employees.

(13) The Department of Human Services and its agents and employees.

(14) Institutions or facilities set forth in section 6352(a)(3) (relating to disposition of delinquent child) and their agents and employees.

(15) The unit owners' association of a common interest community and its agents and employees as it relates to distributing information regarding section 9799.27(b)(1) (relating to other notification). (Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended par. (6). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. 2021 Unconstitutionality. Section 9799.31 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.31 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended par. (13) and Act 29 reenacted par (13). Section 20(1) of Act 10 provided that the amendment of section 9799.31 shall apply to an individual who commits an offense on or after December 20, 2012. 2011 Amendment. Act 111 added section 9799.31.
42 Pa.C.S. § 9718 — PA Code / Title 42 / Chapter 97 / Section 9718
Sentences for offenses against infant persons.
Status: in_force

(a) Mandatory sentence.--

(1) A person convicted of the following offenses when the victim is less than 16 years of age shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years. 18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating to rape) - not less than ten years. 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than ten years. 18 Pa.C.S. § 3125(a)(1) through (6) (relating to aggravated indecent assault) - not less than five years.

(2) A person convicted of the following offenses when the victim is less than 13 years of age shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. § 2502(c) (relating to murder) - not less than 15 years. 18 Pa.C.S. § 2702(a)(1) - not less than five years.

(3) A person convicted of the following offenses shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. § 3121(c) and (d) - not less than ten years. 18 Pa.C.S. § 3125(a)(7) - not less than five years. 18 Pa.C.S. § 3125(b) - not less than ten years.

(b) Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served.

(c) Application of mandatory minimum penalty.--With the exception of prior convictions, any provision of this section that requires imposition of a mandatory minimum sentence shall constitute an element enhancing the underlying offense. Any enhancing element must be proven beyond a reasonable doubt at trial on the underlying offense and must be submitted to the fact-finder for deliberation together with the underlying offense. If the fact-finder finds the defendant guilty of the underlying offense, the fact-finder shall also decide whether any enhancing element has been proven.

(c.1) Notice.--Notice to the defendant of the applicability of this section shall be required prior to conviction.

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

(e) Appeal by Commonwealth.--If the fact-finder has found any enhancing element and a sentencing court imposes a sentence below the mandatory minimum sentence, the Commonwealth shall have the right to appellate review of the sentence. If the appellate court finds that the mandatory sentencing provision was applicable, the court shall vacate the sentence and remand the case for resentencing in accordance with that provision. (Dec. 30, 1982, P.L.1472, No.334, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; June 18, 2014, P.L.741, No.56, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2006 Amendment. See the preamble for Act 178 in the appendix to this title for special provisions relating to legislative intent. 2004 Amendment. Section 6 of Act 217 provided that subsec.

(a)(3) shall apply to individuals sentenced on or after the effective date of section 6.
42 Pa.C.S. § 6108 — PA Code / Title 42 / Chapter 61 / Section 6108
Business records.
Status: in_force

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

(b) General rule.--A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event, and if, in the opinion of the tribunal, the sources of information, method and time of preparation were such as to justify its admission.

(c) Definition.--As used in this section "business" includes every kind of business, profession, occupation, calling, or operation of institutions whether carried on for profit or not.
42 Pa.C.S. § 62A10 — PA Code / Title 42 / Chapter 62 / Section 62A10
Sexual assault counselor.
Status: in_force

A sexual assault counselor may accompany and provide assistance to a plaintiff in any legal proceeding or hearing under this chapter which relates to sexual violence.
42 Pa.C.S. § 6105 — PA Code / Title 42 / Chapter 61 / Section 6105
Acts of notaries public.
Status: in_force

(a) General rule.--The official acts, protests and attestations of all notaries public, certified under their respective hands and seals of office, including the dishonor of all bills and promissory notes, and of notice to the drawers, acceptors or endorsers thereof, may be received and read in evidence, as proof of the facts therein stated. Any litigant may be permitted to contradict by other evidence any such certificate.

(b) Foreign notaries.--The official acts and exemplifications of foreign notaries in accordance with the laws of their respective countries shall be prima facie evidence of the matters therein set forth, if they are authenticated as provided in section 5328 (relating to proof of official records). Any litigant may be permitted to contradict by other evidence any such acts, exemplifications or certificates.
42 Pa.C.S. § 4906 — PA Code / Title 42 / Chapter 49 / Section 4906
Distribution of funds.
Status: in_force

All moneys deposited in the account and any investment income accrued are hereby annually appropriated to the Administrative Office of the Pennsylvania Courts and shall be distributed annually, upon requisition of the Court Administrator of Pennsylvania, to the Pennsylvania Interest on Lawyers Trust Account Board to contract exclusively with eligible legal services providers for the purpose set forth in section 4905(a) (relating to purpose of account). Funds received by the Pennsylvania Interest on Lawyers Trust Account Board pursuant to this chapter shall be maintained in a separate account and shall be accounted for separately from any other funds received by the board.
42 Pa.C.S. § 1341 — PA Code / Title 42 / Chapter 13 / Section 1341
Third class city traffic courts authorized.
Status: in_force

Any city of the third class may establish by ordinance a traffic court which shall be a court not of record. The court shall be held by such of the magisterial district judges of the city as shall be designated by the president judge of the court of common pleas upon petition by the city. If established, the court shall be for the city so establishing it. (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. § 7301 — PA Code / Title 42 / Chapter 73 / Section 7301
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the

"Uniform Arbitration Act."
42 Pa.C.S. § 8558 — PA Code / Title 42 / Chapter 85 / Section 8558
Judgments against insured local agency.
Status: in_force

If the judgment is obtained against a local agency that has procured a contract or policy of public liability insurance protection, the holder of the judgment may use the methods of collecting the judgment as are provided by the policy or

contract and the laws of the Commonwealth to the extent of the limits of coverage provided.
42 Pa.C.S. § 8337.1 — PA Code / Title 42 / Chapter 83 / Section 8337.1
Civil immunity of school officers or employees relating to emergency care, first aid and rescue.
Status: in_force

(a) General rule.--An officer or employee of a school who in good faith believes that a student needs emergency care, first aid or rescue and who provides such emergency care, first aid or rescue to the student or who removes the student receiving such emergency care, first aid or rescue to a hospital or other place of medical care shall be immune from civil liability as a result of any acts or omissions by the officer or employee, except any acts or omissions intentionally designed to seriously harm or any grossly negligent acts or omissions which result in serious bodily harm to the student receiving emergency care.

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

"Good faith." Includes, but is not limited to, a reasonable nonmedical opinion that the immediacy of the situation is such that the rendering of care should not be postponed.

"Officer or employee of a school." A school director, principal, superintendent, teacher, guidance counselor, support staff member or other educational or medical employee employed in a day or residential school which provides preschool, kindergarten, elementary or secondary education in this Commonwealth at either a public or nonpublic school. (Nov. 22, 2000, P.L.690, No.93, eff. 60 days) 2000 Amendment. Act 93 added section 8337.1.
42 Pa.C.S. § 7 — PA Code / Title 42 / Chapter 7 / Section 7
Continuation of prior law.
Status: in_force

Except as provided in paragraph (2):

(1) The addition of 42 Pa.C.S. Ch. 63 Subch. G is a continuation of 61 Pa.C.S. Ch. 57. Except as provided in 42 Pa.C.S. Ch. 63 Subch. G, all activities initiated under 61 Pa.C.S. Ch. 57 shall continue and remain in full force and effect and may be completed under 42 Pa.C.S. Ch. 63 Subch. G. Orders, regulations, rules and decisions which were made under 61 Pa.C.S. Ch. 57 and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 42 Pa.C.S. Ch. 63 Subch. G. Contracts, obligations and collective bargaining agreements entered into under 61 Pa.C.S. Ch. 57 are not affected nor impaired by the repeal of 61 Pa.C.S. Ch. 57.

(2) Paragraph (1) does not apply to the following:

(i) The definitions of "child," "department," "exclusion" and "seclusion" in 42 Pa.C.S. § 6381.

(ii) 42 Pa.C.S. § 6382.

(iii) 42 Pa.C.S. § 6384(a)(5). Explanatory Note. Act 114 amended, added or repealed Subch. G of Title 42 and sections 1104, 1731, 1758, Ch. 57 and sections 5905, 5908, 5909 and 5911 of Title 61. § 8. Retroactivity. With the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), this act shall apply retroactively to June 11, 2024. 2024, OCTOBER 31, P.L.1143, NO.138
42 Pa.C.S. § 5923 — PA Code / Title 42 / Chapter 59 / Section 5923
Confidential communications between spouses.
Status: in_force

Except as otherwise provided in this subchapter, in a civil matter neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Cross References. Section 5923 is referred to in section 5931 of this title.
42 Pa.C.S. § 8527 — PA Code / Title 42 / Chapter 85 / Section 8527
Indemnity relating to inmate health care.
Status: in_force

The Commonwealth shall indemnify against liability a municipal corporation for a claim against the municipal corporation arising from an act or omission of the municipal corporation, its officials, its employees or agents when participating in a program for the provision of medical treatment in a health care facility to inmates from a Commonwealth correctional facility pursuant to a program authorized by the Department of Corrections. This indemnification shall not extend to claims of medical malpractice against any person nor to claims against the health care facility, its employees or agents nor to claims against the municipal corporation that are the result of gross negligence, wanton and reckless acts or intentional misconduct by the municipal corporation, its officials, employees or agents. (Feb. 12, 1992, P.L.1, No.1, eff. imd.) 1992 Amendment. Act 1 added section 8527. Cross References. Section 8527 is referred to in sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation). LIMITATIONS ON DAMAGES
42 Pa.C.S. § 5533 — PA Code / Title 42 / Chapter 55 / Section 5533
Infancy, insanity or imprisonment.
Status: in_force

(a) General rule.--Except as otherwise provided by statute, insanity or imprisonment does not extend the time limited by this subchapter for the commencement of a matter.

(b) Infancy.--

(1)

(i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining

majority as is allowed to others by the provisions of this subchapter.

(ii) As used in this paragraph, the term "minor" shall mean any individual who has not yet attained 18 years of age.

(2)

(i) If an individual entitled to bring a civil action arising from sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 37 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.

(i.1) If an individual entitled to bring a civil action arising from sexual abuse is at least 18 and less than 24 years of age at the time the cause of action occurs, the individual shall have until attaining 30 years of age to commence an action for damages regardless of whether the individual files a criminal complaint regarding the sexual abuse.

(ii) For the purposes of this paragraph, the term "sexual abuse" shall include, but not be limited to, the following sexual activities between an individual who is 23 years of age or younger and an adult, provided that the individual bringing the civil action engaged in such activities as a result of forcible compulsion or by threat of forcible compulsion which would prevent resistance by a person of reasonable resolution:

(A) sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;

(B) deviate sexual intercourse, which includes sexual intercourse per os or per anus; and

(C) indecent contact, which includes any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.

(iii) For purposes of this paragraph, "forcible compulsion" shall have the meaning given to it in 18 Pa.C.S. § 3101 (relating to definitions). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 30, 1984, P.L.337, No.67, eff. 30 days; June 28, 2002, P.L.518, No.86, eff. 60 days; Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment. Act 87 amended subsec. (b)(2). See sections 9 and 10(1) and (2) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. 2002 Amendment. Act 86 amended subsec. (b). Section 3 of Act 86 provided that the amendment of subsec. (b) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of Act 86.
42 Pa.C.S. § 8306 — PA Code / Title 42 / Chapter 83 / Section 8306
Defense against claim for injury sustained in utero barred.
Status: in_force

Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or should have been aborted. (Apr. 13, 1988, P.L.336, No.47, eff. imd.) 1988 Amendment. Act 47 added section 8306. Section 7 of Act 47 provided that section 8306 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8306, section 8306 shall have retroactive effect, including application to any case pending or on appeal.
42 Pa.C.S. § 6121 — PA Code / Title 42 / Chapter 61 / Section 6121
Eminent domain matters.
Status: in_force

Eminent domain matters shall be governed by the provisions of 26 Pa.C.S. Ch. 11 (relating to evidence) in addition to the provisions of this chapter. (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.
42 Pa.C.S. § 5993 — PA Code / Title 42 / Chapter 59 / Section 5993
Admissibility of certain statements.
Status: in_force

(a) General rule.--An out-of-court statement made by an individual with an intellectual disability or autism who is a victim or witness describing any of the offenses enumerated in subsection (b), not otherwise admissible by statute or rule of evidence, is admissible in evidence in any criminal or civil proceeding if:

(1) the court finds, in an in camera hearing, that the evidence is relevant and that the time, content and circumstances of the statement provide sufficient indicia of reliability; and

(2) the individual either:

(i) testifies at the proceeding; or

(ii) is unavailable as a witness.

(b) Enumerated offenses.--The following offenses under Title 18 (relating to crimes and offenses) shall apply to subsection

(a):
42 Pa.C.S. § 6383 — PA Code / Title 42 / Chapter 63 / Section 6383
Body cavity search and inspection restrictions.
Status: in_force

(a) Body cavity search and inspection restrictions.--To the greatest extent possible:

(1) Only a health care professional shall conduct an invasive body cavity search of a pregnant child.

(2) If a search is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the search, except in cases of exigent circumstances as determined by the facility director or designee.

(b) Documentation requirement.--If a health care professional is required to perform an invasive body cavity search on a pregnant child, or the child's stated preference regarding the gender of the staff present in the room during a search while the child is in a state of undress is not met, staff shall submit a written report to the individual in charge of the facility within 72 hours following the body cavity search or inspection. The report under this subsection shall:

(1) Include the justification for performing the body cavity search or failing to honor the child's stated preference regarding the gender of the staff performing the inspection.

(2) Note if any contraband was found on the child.

(3) Be sent to the department.
42 Pa.C.S. § 6208 — PA Code / Title 42 / Chapter 62 / Section 6208
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may modify or supersede provisions of that act.
42 Pa.C.S. § 4302 — PA Code / Title 42 / Chapter 43 / Section 4302
Effect of records as notice.
Status: in_force

(a) Real property.--Except as otherwise provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process), every document affecting title to or any other interest in real property which is filed and indexed in the

office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county in the manner required by the laws, procedures or standards in effect at the date of such filing shall be constructive notice to all persons of the filing and full contents of such document.

(b) Documents relating to pending matters.--Documents relating to the pendency of a matter before any court filed in the office of the clerk of any court or other office within or related to and serving the unified judicial system shall be constructive notice to such persons, of such information and for such duration as may be provided by statute or prescribed by general rule adopted pursuant to section 4301 (relating to establishment and maintenance of judicial records).

(c) Foreign language documents.--A writing not in the English language shall not constitute notice to any person unless there is attached to it and filed with it a translation into the English language verified to be correct. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 3302 — PA Code / Title 42 / Chapter 33 / Section 3302
Additional restrictions.
Status: in_force

A judge shall not engage in any activity prohibited by this subchapter or any other provision of law and shall not violate any canon of ethics prescribed by general rule. A magisterial district judge shall devote the time necessary for the prompt and proper disposition of the business of that office, which shall be given priority over any other occupation, business, profession, pursuit or activity. A magisterial district judge shall not use or permit the use of the premises established for the disposition of magisterial business for any other occupation, business, profession or gainful pursuit. A magisterial district judge shall not hold any other elected or appointed public office in this Commonwealth. A magisterial

district judge and an appointive judicial officer shall be governed by rules or canons prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, 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. § 6112 — PA Code / Title 42 / Chapter 61 / Section 6112
Introduction of parol evidence after refusal to produce documents.
Status: in_force

In all matters wherein any person is directed by a court to produce any documents and such person refuses to produce such documents, and for such refusal is attached and imprisoned by a court, and subsequently discharged, persisting in such refusal, parol evidence shall be received in relation to the existence and contents of such documents.
42 Pa.C.S. § 2133 — PA Code / Title 42 / Chapter 21 / Section 2133
Organization.
Status: in_force

The Supreme Court shall appoint a chairman and other officers of the board, who shall hold office at the pleasure of the Supreme Court. The board shall act only with the concurrence of a majority of its members. (Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
42 Pa.C.S. § 9799.2 — PA Code / Title 42 / Chapter 97 / Section 9799.2
Duties of Pennsylvania Board of Probation and Parole (Expired).
Status: reserved

2012 Expiration. Section 9799.2 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 8332.7 — PA Code / Title 42 / Chapter 83 / Section 8332.7
Immunity of State parole officers.
Status: in_force

(a) Assistance of law enforcement personnel.--In addition to the provisions of 61 Pa.C.S. § 6181 (relating to status as peace officers) or any other law, any parole officer appointed by the Department of Corrections who, after obtaining permission in advance from a person authorized by the Secretary of Corrections, assists Federal, State or local law enforcement officers or agents or county probation officers in the lawful performance of their duties shall be considered to be acting within the scope of his official duty for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of the Commonwealth.

(b) Assistance of criminal victims.--In addition to any other immunity provided by law, any parole officer appointed by the Secretary of Corrections who is entitled to immunity under section 8331.3 (relating to criminal victim aid good Samaritan civil immunity) as a result of providing assistance to a victim of a crime shall be considered to be acting within the scope of his official duty while providing assistance to the victim for all purposes of law and shall enjoy any benefit or immunity conferred upon an employee of the Commonwealth. (Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 30, 2003, P.L.432, No.61, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
42 Pa.C.S. § 8723 — PA Code / Title 42 / Chapter 87 / Section 8723
Grounds for access.
Status: in_force

Any judge of the Commonwealth Court shall enter an order providing access to confidential information if, on the basis of a petition under section 8722 (relating to petition for access to confidential information), he finds that:

(1) the petitioner is engaged in an ongoing investigation of criminal activity; and

(2) a Commonwealth agency may have confidential information reasonably related to such an investigation. Cross References. Section 8723 is referred to in section 8724 of this title.
42 Pa.C.S. § 8901 — PA Code / Title 42 / Chapter 89 / Section 8901
Intrastate hot pursuit (Repealed).
Status: repealed

1982 Repeal. Section 8901 was repealed June 15, 1982, P.L.512, No.141, effective in 60 days.
42 Pa.C.S. § 24 — PA Code / Title 42 / Chapter 24 / Section 24
Transfer of inactive participants or contributors or employees on leave.
Status: in_force

For purposes of this act, any county employee who is transferred to State employment pursuant to 42 Pa.C.S. § 1905, who is on leave at the time of the transfer or who is not an active participant or contributor to the county retirement system or pension plan but is still an employee of the county judicial system at the time of the transfer shall be deemed an active member for purposes of the implementation of this act and the elections required herein. § 28. Nonseverability or invalidation.

(a) General rule.--The General Assembly declares that the provisions of this act are expressly nonseverable and that in the event a court of competent jurisdiction rules finally that any provision mandated in this act is legally or constitutionally impermissible, this entire act shall be void.

(b) Invalidation by judicial action.--This entire act shall be void if the provisions of 42 Pa.C.S. § 1905(d)(1) are:

(1) suspended by the judiciary;

(2) superseded by rule of court promulgated hereafter;

(3) ruled finally by a court of competent jurisdiction to be regulation of the practice of law; or

(4) otherwise rendered inoperative by judicial action. 2000, MAY 10, P.L.74, NO.18

§ 5. Applicability. This act shall apply as follows:

(1) To proceedings initiated on or after the effective date of this act.

(2) The reenactment and amendment of 42 Pa.C.S. Ch. 97 Subch. H shall apply to individuals incarcerated or convicted on or after the effective date of this act.

(3) This act shall not affect the requirements for individuals registered pursuant to 42 Pa.C.S. Ch. 97 Subch. H prior to the effective date of this act. Explanatory Note. Act 18 amended or added sections 6311, 6337, 6341 and 9714 and reenacted and amended Subchapter H of
42 Pa.C.S. § 7321.11 — PA Code / Title 42 / Chapter 73 / Section 7321.11
Consolidation of separate arbitration proceedings.
Status: in_force

(a) Conditions.--Except as otherwise provided in subsection

(c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:

(1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons, or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(b) Partial consolidation.--The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.

(c) Agreement governs.--The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
42 Pa.C.S. § 2121 — PA Code / Title 42 / Chapter 21 / Section 2121
Jury selection commissions.
Status: in_force

Except in the first judicial district, the jury selection commission in each county shall consist of three persons selected as provided in this subchapter or as provided by home rule charter. (June 26, 1980, P.L.266, No.78, eff. imd.)
42 Pa.C.S. § 5921 — PA Code / Title 42 / Chapter 59 / Section 5921
Interest not to disqualify.
Status: in_force

In any civil matter before any tribunal of this Commonwealth, or conducted by virtue of its order or direction, no liability merely for costs nor the right to compensation possessed by an executor, administrator or other trustee, nor any interest merely in the question on trial, nor any other interest, or policy of law, except as is provided in this subchapter, shall make any person incompetent as a witness.
42 Pa.C.S. § 5574 — PA Code / Title 42 / Chapter 55 / Section 5574
Effect of application for amendment to qualify for interlocutory appeal.
Status: in_force

If an application is made to a tribunal within 30 days after the entry of an interlocutory order not appealable as a matter of right for an amendment of such order to set forth expressly the statement specified in section 702(b) (relating to interlocutory appeals by permission), the time for filing a petition for permission to appeal from such order shall run from the entry of the order denying the amendment or amending the order, as the case may be.
42 Pa.C.S. § 12 — PA Code / Title 42 / Chapter 12 / Section 12
Forfeitures.
Status: in_force

Notwithstanding any other provision of law to the contrary, the following forfeitures shall be conducted in accordance with 42 Pa.C.S. §§ 5803, 5805, 5806, 5807, 5807.1 and 5808:

(1) The forfeiture of property specified in section 1 of the act of July 3, 1941 (P.L.263, No.121), entitled "An act providing for the forfeiture and condemnation of vehicles used to store, possess or transport narcotics or drugs, the possession or transportation of which is in violation of law."

(2) The forfeiture of property specified in section 601 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(3) The forfeiture of property specified in section 614 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.

(4) The forfeiture of property specified in section 1715 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.

Explanatory Note. Act 13 amended, added, repealed or deleted by amendment section 1518 of Title 4, sections 910, 2717, 3141, 3142, 3143, 3144, 4116, 4119, 5513, 5707, 6314, 6501, 7508, 7707 and 7708 of Title 18, section 927 of Title 30,
42 Pa.C.S. § 6353 — PA Code / Title 42 / Chapter 63 / Section 6353
Limitation on and change in place of commitment and disposition review hearing.
Status: in_force

(a) General rule.--No child shall initially be committed to an institution for a period longer than four years or a period longer than he could have been sentenced by the court if he had been convicted of the same offense as an adult, whichever is less. The initial commitment may be extended for a similar period of time, or modified, if the court finds after hearing that the extension or modification will effectuate the original purpose for which the order was entered. The child shall have notice of the extension or modification hearing and shall be given an opportunity to be heard.

(a.1) Disposition review hearings.--

(1) The court shall hold a disposition review hearing at least every three months in accordance with the Pennsylvania Rules of Juvenile Court Procedure for the purpose of ensuring that each child committed to out-of-home placement under section 6352 (relating to disposition of delinquent child) is receiving necessary services and treatment and that the terms and conditions of the disposition ordered under section 6352 are being met.

(2) At a disposition review hearing under paragraph

(1), the court shall, at a minimum, determine:

(i) whether the child is receiving the necessary services or treatment contemplated by the court's disposition;

(ii) whether the child continues to pose a threat to the community;

(iii) whether additional services or treatment are needed;

(iv) whether the child should continue in placement or be released from placement under aftercare supervision; and

(v) the date of the next disposition review hearing.

(3) At the conclusion of a disposition review hearing under paragraph (1), and prior to entering an order, the court shall state the determinations required under paragraph

(2), along with the reason for each determination, on the record in open court.

(b) Transfer to other institution.--After placement of the child, and if his progress with the institution warrants it, the institution may seek to transfer the child to a less secure facility, including a group home or foster boarding home. The institution shall give the committing court written notice of all requests for transfer and shall give the attorney for the Commonwealth written notice of a request for transfer from a secure facility to another facility. If the court, or in the case of a request to transfer from a secure facility, the attorney for the Commonwealth, does not object to the request for transfer within ten days after the receipt of such notice, the transfer may be effectuated. If the court, or in the case of a request to transfer from a secure facility, the attorney for the Commonwealth, objects to the transfer, the court shall hold a hearing within 20 days after objecting to the transfer for the purpose of reviewing the commitment order. The institution shall be notified of the scheduled hearing, at which hearing evidence may be presented by any interested party on the issue of the propriety of the transfer. If the institution seeks to transfer to a more secure facility the child shall have a full hearing before the committing court. At the hearing, the court may reaffirm or modify its commitment order.

(c) Notice of available facilities and services.--Immediately after the Commonwealth adopts its budget, the Department of Public Welfare shall notify the courts and the General Assembly, for each Department of Public Welfare region, of the available:

(1) Secure beds for the serious juvenile offenders.

(2) General residential beds for the adjudicated delinquent child.

(3) The community-based programs for the adjudicated delinquent child. If the population at a particular institution or program exceeds 110% of capacity, the department shall notify the courts and the General Assembly that intake to that institution or program is temporarily closed and shall make available equivalent services to children in equivalent facilities. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Feb. 29, 1980, P.L.36, No.12, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 16, 2024, P.L.1003, No.107, eff. 180 days) 2024 Amendment. Act 107 amended the section heading and subsec. (a) and added subsec. (a.1). 1980 Amendment. Act 12 amended subsec. (b). Suspension by Court Rule. Subsection (a) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(18), amended July 18, 2012, insofar as it is inconsistent with the requirement of Rule 610 relating to dispositional and commitment review. 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 6353 is referred to in sections 6352, 6358, 9728 of this title.
42 Pa.C.S. § 8316.1 — PA Code / Title 42 / Chapter 83 / Section 8316.1
Damages in actions for unlawful dissemination of intimate image.
Status: in_force

(a) Cause of action established.--A person may bring a civil cause of action based upon unlawful dissemination of intimate image, as defined in 18 Pa.C.S. § 3131 (relating to unlawful dissemination of intimate image), in order to recover damages for any loss or injury sustained as a result of the violation.

(b) Parties authorized to bring action.--An action may be brought by a natural person or a guardian of the natural person, if the person is incompetent.

(c) Damages.--A court of competent jurisdiction may award damages as set forth in this subsection. In determining the extent of injury, the court shall consider that dissemination of an intimate image may cause long-term or permanent injury. The court may award:

(1) Actual damages arising from the incident or $500, whichever is greater. Damages include loss of money, reputation or property, whether real or personal. The court may, in its discretion, award up to three times the actual damages sustained, but not less than $500.

(2) Reasonable attorney fees and court costs.

(3) Additional relief the court deems necessary and proper.

(d) Other remedies preserved.--Nothing in this section shall be construed to limit the ability of a person to receive restitution under 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property).

(e) Nonapplicability.--The provisions of this section shall not be applicable to a law enforcement officer engaged in the law enforcement officer's official duties.

(f) Definition.--As used in this section, the term "law enforcement officer" means any officer of the United States, of the Commonwealth or political subdivision thereof, or of another state or subdivision thereof, who is empowered to conduct investigations of or to make arrests for offenses enumerated in 18 Pa.C.S. (relating to crimes and offenses), or an equivalent crime in another jurisdiction, and any attorney authorized by law to prosecute or participate in the prosecution of such offense. (July 9, 2014, P.L.1013, No.115, eff. 60 days) 2014 Amendment. Act 115 added section 8316.1.
42 Pa.C.S. § 9761 — PA Code / Title 42 / Chapter 97 / Section 9761
Computation and order of service of sentences.
Status: in_force

(a) Order of service of sentences.--If a minimum sentence imposed by the court which is to run concurrently with one which has been previously imposed would expire later than the minimum of such a previously imposed sentence, or if the previously imposed sentence is terminated before the expiration of the minimum sentence of the last imposed sentence, the defendant shall be imprisoned at least until the last imposed minimum sentence has been served.

(b) Sentences imposed by other sovereigns.--If the defendant is at the time of sentencing subject to imprisonment under the authority of any other sovereign, the court may indicate that imprisonment under such other authority shall satisfy or be credited against both the minimum and maximum time imposed under the court's sentence. If the defendant is released by such other authority before the expiration of the minimum time imposed by the court, he shall be returned to a correctional institution of the Commonwealth to serve the time which remains of the sentence. If the defendant is released after the minimum time has elapsed, he shall be considered for parole on the same basis as a prisoner who has served his minimum time in a correctional institution of the Commonwealth. If the defendant is released after the maximum time imposed under the sentence of imprisonment he shall be deemed to have served his sentence.
42 Pa.C.S. § 2753 — PA Code / Title 42 / Chapter 27 / Section 2753
Seal.
Status: in_force

The clerk of the courts shall have custody of a counterpart of the seal of the court or courts for which he is the clerk of the courts.
42 Pa.C.S. § 9121 — PA Code / Title 42 / Chapter 91 / Section 9121
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the

"Uniform Criminal Extradition Act."
42 Pa.C.S. § 704 — PA Code / Title 42 / Chapter 7 / Section 704
Waiver of objections to jurisdiction.
Status: in_force

(a) General rule.--The failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be specified by general rule, shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of this title, or of any general rule adopted pursuant to section 503 (relating to reassignment of matters), vesting jurisdiction of such appeal in another appellate court.

(b) Exception.--Subsection (a) shall not apply to any defect in the jurisdiction of an appellate court which arises out of:

(1) The failure to effect a filing within the time provided or prescribed by law.

(2) An attempt to take an appeal from an interlocutory order which has not been made appealable by law or pursuant to section 702(b) (relating to interlocutory appeals by permission).
42 Pa.C.S. § 7536 — PA Code / Title 42 / Chapter 75 / Section 7536
Enumeration not exclusive.
Status: in_force

The enumeration in section 7533 (relating to construction of documents) through 7535 (relating to rights of fiduciaries and other persons) does not limit or restrict the exercise of the general powers, conferred in section 7532 (relating to general scope of declaratory remedy), in any proceeding, where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
42 Pa.C.S. § 3544 — PA Code / Title 42 / Chapter 35 / Section 3544
Disbursements.
Status: in_force

(a) General rule.--There shall be paid by the respective political subdivisions required by this subchapter to maintain a judicial and related account:

(1) Salaries, fees and expenses of:

(i) Appointive judicial officers.

(ii) Other system and related personnel which by statute are required to be paid by the political subdivision.

(2) Salaries, fees and expenses of jurors, witnesses and all other persons paid under authority of law by the political subdivision for the maintenance of judicial and related functions.

(3) Any amounts required by statute to be paid to the Commonwealth from any of the sources of income specified in section 3542 (relating to receipts).

(b) Allocation in multicounty districts.--In judicial districts embracing two or more counties, the expenses of the court of common pleas and the community court of the judicial district, and the salary, fees and expenses of the staff of such courts, except county staff, shall be paid by each county according to an allocation based on population in the ratio which the population of each of the several counties comprising the judicial district bears to the total population of the judicial district as last officially certified. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a). Cross References. Section 3544 is referred to in section 3545 of this title.
42 Pa.C.S. § 19 — PA Code / Title 42 / Chapter 19 / Section 19
Required membership in State Employees' Retirement System.
Status: in_force

County employees transferred to State employment pursuant to 42 Pa.C.S. § 1905 who are annuitants of the State Employees' Retirement System shall be required to be active members of the State Employees' Retirement System and shall have their annuities stopped pursuant to 71 Pa.C.S. §§ 5301(d) and 5706, governing annuitants of the State Employees' Retirement System who return to State service. Upon subsequent termination and

application for annuity, the transferred State Employees' Retirement System annuitants shall have their benefits calculated according to the provisions of 71 Pa.C.S. Pt. XXV, regarding annuities after subsequent termination. For purposes of calculating eligibility points for the application of 71 Pa.C.S. § 5706(c)(1), only eligibility points earned after the date of transfer may be included unless the member has converted county service to State service pursuant to 71 Pa.C.S. § 5303.1. If a former annuitant has converted county service to State service, the eligibility points subsequent to the most recent receipt of an annuity that is not returned to the State Employees' Retirement System as a result of the converted service shall also be included in calculating the eligibility points under 71 Pa.C.S. § 5706(c)(1). § 20. Membership terms and conditions. Except as otherwise set forth in this act, county employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 shall be subject to the terms and conditions of 71 Pa.C.S. Pt. XXV in the same manner and extent as any other individual commencing State employment who is eligible for the benefits and obligations of Class A membership with a superannuation age of 60 years. § 21. Notification of transfer and certification of credited service. Upon the filing by a county employee transferred to State employment pursuant to 42 Pa.C.S. § 1905 of an election to convert county service to State service, the State Employees' Retirement Board shall notify the appropriate county retirement system or pension plan administrator. Within 30 days of notification, the county retirement system or pension plan administrator shall certify to the State Employees' Retirement Board the total amount of service credited to the electing member's account, and such information on how it was earned or acquired, in the county retirement system or pension plan, including, but not limited to, the nature of the underlying service or legal authority on which the credit was based and the dates covered by the credit as requested by the State Employees' Retirement Board. The administrators, employees, trustees and fiduciaries of all retirement systems or pension plans operated for the transferred employees shall provide whatever information and records are requested by the State Employees' Retirement System within 30 days of the request for the transferred employees. If a county retirement system or pension plan fails to provide the information required by this section, the county shall be subject to a penalty of $100 per day for each of the transferred employees until the information is provided.
42 Pa.C.S. § 7321.3 — PA Code / Title 42 / Chapter 73 / Section 7321.3
Notice.
Status: in_force

(a) Giving notice.--Except as otherwise provided in this subchapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course whether or not the other person acquires knowledge of the notice.

(b) Having notice.--A person has notice if the person has knowledge of the notice or has received notice.

(c) Receiving notice.--A person receives notice when it comes to the person's attention or the notice is delivered at:

(1) the person's place of residence or business; or

(2) another location held out by the person as a place of delivery of such communications. Cross References. Section 7321.3 is referred to in sections 7376, 7385 of this title.
42 Pa.C.S. § 5530 — PA Code / Title 42 / Chapter 55 / Section 5530
Twenty-one year limitation.
Status: in_force

(a) General rule.--The following actions and proceedings must be commenced within 21 years:

(1) Except as provided in section 5527.1 (relating to ten year limitation), an action for the possession of real property.

(2) An action for the payment of any ground rent, annuity or other charge upon real property, or any part or portion thereof. If this paragraph shall operate to bar any payment of such a rent, annuity or charge, the rent, annuity or charge to which the payment relates shall be extinguished and no further action may be commenced with respect to subsequent payments.

(3) (Deleted by amendment).

(b) Entry upon land.--No entry upon real property shall toll the running of the period of limitation specified in subsection (a)(1), unless a possessory action shall be commenced therefor within one year after entry. Such an entry and commencement of a possessory action, without recovery therein, shall not toll the running of such period of limitation in respect of another possessory action, unless such other possessory action is commenced within one year after the termination of the first. (May 4, 2006, P.L.112, No.34, eff. 120 days; June 19, 2018, P.L.223, No.34, eff. one year) 2018 Amendment. Act 34 amended subsec. (a)(1). 2006 Amendment. Act 34 deleted subsec. (a)(3). 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 subsec. (a)(3) shall apply only to causes of action which accrue after the effective date of section 6. Cross References. Section 5530 is referred to in section 5527.1 of this title.
42 Pa.C.S. § 2131 — PA Code / Title 42 / Chapter 21 / Section 2131
Minor Judiciary Education Board.
Status: in_force

(a) General rule.--The Minor Judiciary Education Board shall consist of such members as provided in this subchapter.

(b) Seal.--The Minor Judiciary Education Board shall have a seal engraved with its name and such other inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal. (Nov. 29, 1990, P.L.574, No.147, eff. 60 days; July 9, 1992, P.L.689, No.102, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Act 98 reenacted and amended the entire section. 2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal. 1992 Repeal. Act 102 repealed Act 147 of 1990 which amended the entire section. Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsec. (a) has not been changed to give effect to the repeal. 1991 Unconstitutionality. Act 147 of 1990, which amended the entire section, was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991).
42 Pa.C.S. § 1101 — PA Code / Title 42 / Chapter 11 / Section 1101
Community courts.
Status: in_force

(a) General rule.--There shall be one community court for each judicial district of this Commonwealth which has elected to establish and which has not elected to discontinue such a court in the manner provided in this subchapter. The community court shall be a court not of record and shall consist of a number of judges determined by dividing the total population of the judicial district as determined by the last officially reported decennial or special Federal census by 75,000. In any judicial district where the aforesaid division results in a remainder greater than 40,000, the judicial district shall be entitled to an additional community court judge. In no event shall any judicial district have less than two community court judges.

(b) Single county districts.--In single county judicial districts the community court of the district shall be known as the "Community Court of (the respective) County."

(c) Multicounty districts.--In multicounty judicial districts the community court of the district shall be known as the "Community Court of the (respective) Judicial District."
42 Pa.C.S. § 9141 — PA Code / Title 42 / Chapter 91 / Section 9141
Inquiry into guilt or innocence of accused.
Status: in_force

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor, or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this subchapter shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
42 Pa.C.S. § 8371 — PA Code / Title 42 / Chapter 83 / Section 8371
Actions on insurance policies.
Status: in_force

In an action arising under an insurance policy, if the court finds that the insurer has acted in bad faith toward the insured, the court may take all of the following actions:

(1) Award interest on the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest plus 3%.

(2) Award punitive damages against the insurer.

(3) Assess court costs and attorney fees against the insurer.
42 Pa.C.S. § 9571 — PA Code / Title 42 / Chapter 95 / Section 9571
Scope of subchapter.
Status: in_force

(a) Capital unitary review.--This subchapter establishes the sole means of challenging proceedings that resulted in a sentence of death. The unitary review proceeding provided by this subchapter shall replace postappeal collateral review of death penalty cases with preappeal collateral review.

(b) Appointment of collateral counsel.--Under the action provided in this subchapter, a person sentenced to death shall be immediately entitled to new counsel for purposes of collateral review. The collateral proceeding shall occur in the trial court after the imposition of sentence and before appeal. The petitioner may raise any claim that could not have been raised previously, including claims of ineffective assistance of counsel.

(c) Capital appeal.--Direct appeal shall occur after the trial court has concluded collateral review. Claims raised on direct appeal shall be limited to those claims that were preserved at trial and that may be resolved on the basis of the record created up to and including sentencing. Collateral appeal shall occur simultaneously with direct appeal. Claims raised on collateral appeal shall be limited to claims that were preserved in the collateral proceeding in the trial court and to any other claim that could not have been raised previously, including claims of ineffective assistance of counsel on direct appeal.

(d) Limitation on subsequent petitions.--No further review shall be available except as provided in this subchapter.

(e) Capital case in which death penalty not imposed.--This subchapter does not apply to capital cases in which the death penalty was not imposed. Suspension by Court Order. Section 9571 was suspended August 11, 1997, S.Ct. Order.
42 Pa.C.S. § 5930 — PA Code / Title 42 / Chapter 59 / Section 5930
Surviving party as witness, in case of death, mental incapacity, etc.
Status: in_force

Except as otherwise provided in this subchapter, in any civil action or proceeding, where any party to a thing or contract in action is dead, or has been adjudged a lunatic and his right thereto or therein has passed, either by his own act or by the

act of the law, to a party on the record who represents his interest in the subject in controversy, neither any surviving or remaining party to such thing or contract, nor any other person whose interest shall be adverse to the said right of such deceased or lunatic party, shall be a competent witness to any matter occurring before the death of said party or the adjudication of his lunacy, unless the action or proceeding is by or against the surviving or remaining partners, joint promisors or joint promisees, of such deceased or lunatic party, and the matter occurred between such surviving or remaining partners, joint promisors or joint promisees and the other party on the record, or between such surviving or remaining partners, promisors or promisees and the person having an interest adverse to them, in which case any person may testify to such matters; or, unless the action is a possessory action against several defendants, and one or more of said defendants disclaims of record any title to the premises in controversy at the time the suit was brought and also pays into court the costs accrued at the time of his disclaimer, or gives security therefor as the court in its discretion may direct, in which case such disclaiming defendant shall be a fully competent witness; or, unless the issue or inquiry be devisavit vel non, or be any other issue or inquiry respecting the property of a deceased owner, and the controversy is between parties respectively claiming such property by devolution on the death of such owner, in which case all persons shall be fully competent witnesses. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Cross References. Section 5930 is referred to in sections 5931, 5932 of this title.
42 Pa.C.S. § 6205 — PA Code / Title 42 / Chapter 62 / Section 6205
Required medium.
Status: in_force

If a law of this Commonwealth requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
42 Pa.C.S. § 6158 — PA Code / Title 42 / Chapter 61 / Section 6158
Obtaining personal attendance of custodian.
Status: in_force

The personal attendance of the custodian of the original charts or records specified in the subpoena shall only be required if the subpoena duces tecum so specifies for the purpose of obtaining the custodian's testimony on an issue in dispute and upon payment of the actual and reasonable expenses of the custodian's personal attendance. When the personal attendance of the custodian is requested by a district attorney or an independent or executive agency of the Commonwealth, the fee paid to the custodian shall not exceed the ordinary fee paid to witnesses in criminal cases as specified in section 5903 (relating to compensation and expenses of witnesses) and shall be paid after the custodian's appearance. (Feb. 18, 1998, P.L.170, No.26, eff. 60 days)
42 Pa.C.S. § 6371 — PA Code / Title 42 / Chapter 63 / Section 6371
Definitions.
Status: in_force

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

"Commission." The Juvenile Court Judges' Commission created pursuant to section 6372(a) (relating to Juvenile Court Judges' Commission).

"Commissioner." A member appointed to the Juvenile Court Judges' Commission pursuant to section 6372(b) (relating to Juvenile Court Judges' Commission).
42 Pa.C.S. § 6404.1 — PA Code / Title 42 / Chapter 64 / Section 6404.1
Transfer to involuntary outpatient treatment.
Status: in_force

The court may approve or disapprove an outpatient treatment plan. Upon approval of an outpatient treatment plan, the court shall order transfer of the person to involuntary outpatient treatment pursuant to section 6404.2 (relating to duration of outpatient commitment and review). (Dec. 20, 2011, P.L.446, No.111, eff. one year) 2011 Amendment. Act 111 added section 6404.1. Cross References. Section 6404.1 is referred to in sections 6404.2, 9799.15, 9799.19 of this title.
42 Pa.C.S. § 6334 — PA Code / Title 42 / Chapter 63 / Section 6334
Petition.
Status: in_force

(a) Contents of petition.--A petition, which shall be verified and may be on information and belief, may be brought

by any person including a law enforcement officer. It shall set forth plainly:

(1) The facts which bring the child within the jurisdiction of the court and this chapter, with a statement that it is in the best interest of the child and the public that the proceeding be brought and, if delinquency is alleged, that the child is in need of treatment, supervision or rehabilitation.

(2) The name, age, and residence address, if any, of the child on whose behalf the petition is brought.

(3) The names and residence addresses, if known to the petitioner, of the parents, guardian, or custodian of the child and of the spouse, if any, of the child. If none of his parents, guardian, or custodian resides or can be found within this Commonwealth, or if their respective places of residence address are unknown, the name of any known adult relative residing within the county, or if there be none, the known adult relative residing nearest to the location of the court.

(4) If the child is in custody and, if so, the place of his detention and the time he was taken into custody.

(b) Aggravated circumstances.--

(1) An allegation that aggravated circumstances exist may be brought:

(i) in a petition for dependency with regard to a child who is alleged to be a dependent child; or

(ii) in a petition for a permanency hearing with regard to a child who has been determined to be a dependent child.

(2) The existence of aggravated circumstances may be alleged by the county agency or the child's attorney. If the county agency reasonably believes that aggravated circumstances exist, it shall file the appropriate petition as soon as possible but no later than 21 days from the determination by the county agency that aggravated circumstances exist.

(3) A petition for dependency or a permanency hearing that alleges aggravated circumstances shall include a statement of the facts the county agency or the child's attorney intends to prove to support the allegation. A criminal conviction shall not be required to allege the existence of aggravated physical neglect or physical abuse resulting in serious bodily injury or sexual violence committed by the parent. (Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999) Suspension by Court Rule. Section 6334 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(9), amended December 30, 2005, insofar as it is inconsistent with Rules 231, 233 and 330 relating to written allegation, approval of private written allegations and petition: filing, contents, function. Section 6334 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(8), adopted August 21, 2006, insofar as it is inconsistent with Rules 1320, 1321 and 1330 relating to application to file a private petition, hearing on application for private petition and petition: filing, contents, function, aggravated circumstances. Cross References. Section 6334 is referred to in section 6351 of this title.
42 Pa.C.S. § 2733 — PA Code / Title 42 / Chapter 27 / Section 2733
Seal.
Status: in_force

The prothonotary shall have custody of a counterpart of the seal of the court or courts for which he is the prothonotary.
42 Pa.C.S. § 3735 — PA Code / Title 42 / Chapter 37 / Section 3735
Review of plan and contracts.
Status: in_force

A copy of the plan for expenditure of appropriated funds and a copy of each contract prior to execution shall be submitted to the respective Chairmen of the Majority and Minority Appropriations Committees in the House of Representatives and the Senate, allowing a reasonable time for their review and comment.
42 Pa.C.S. § 6373 — PA Code / Title 42 / Chapter 63 / Section 6373
Powers and duties.
Status: in_force

The commission shall have the power and is required to do the following:

(1) Advise the juvenile court judges of this Commonwealth in all matters pertaining to the proper care and maintenance of delinquent and dependent children.

(2) Examine the administrative methods and judicial procedure used in juvenile courts throughout this Commonwealth, establish standards and make recommendations on the same to the courts presiding over juvenile proceedings within this Commonwealth.

(2.1) Develop and implement the technology and case management tools necessary to alert chief juvenile probation officers that the records of a juvenile delinquency case are eligible for expungement, to facilitate the notification of courts to initiate the process of expunging juvenile delinquency records in accordance with section 6304(a.2) (relating to powers and duties of probation officers).

(3) Examine the personnel practices and employment standards used in probation offices in this Commonwealth, establish standards and make recommendations on the same to courts presiding over juvenile proceedings within this Commonwealth.

(4) Collect and analyze data to identify trends and to determine the effectiveness of programs and practices to ensure the reasonable and efficient administration of the juvenile court system, make recommendations concerning evidence-based programs and practices to judges, the Administrative Office of Pennsylvania Courts and other appropriate entities and post related information on the commission's publicly accessible Internet website. (May 17, 2012, P.L.261, No.42, eff. 60 days; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days) 2024 Amendment. Act 108 added par. (2.1). 2012 Amendment. Act 42 amended par. (4). Cross References. Section 6373 is referred to in section 6309 of this title.
42 Pa.C.S. § 3352 — PA Code / Title 42 / Chapter 33 / Section 3352
Pension rights.
Status: in_force

(a) General rule.--Former and retired judges and magisterial district judges shall receive such compensation as shall be provided by or pursuant to statute. No salary, retirement benefit or other compensation shall be paid to any judge or magisterial district judge who is suspended or removed from office under section 18 of Article V or under Article VI of the Constitution of Pennsylvania.

(b) Definition.--As used in this section "former" means a judge or magisterial district judge serving by appointment or election who vacates his office upon the expiration of his term or who resigns his office. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; 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. Special Provisions in Appendix. See section 408 of Act 5 of 2017 in the appendix to this title for special provisions relating to restoration of service credit or retirement benefits. Cross References. Section 3352 is referred to in section 8533 of Title 24 (Education); section 5953 of Title 71 (State Government).
42 Pa.C.S. § 7522 — PA Code / Title 42 / Chapter 75 / Section 7522
Interpleader compact.
Status: in_force

The following interpleader compact is hereby approved, ratified, adopted and entered into by this Commonwealth as a party to take effect between this Commonwealth and any other state of the United States of America when entered into in accordance with the terms of the compact by the other state and not disapproved by the Governor under paragraph (c) of Article 7 of the compact: The Interpleader Compact The contracting states solemnly agree:
42 Pa.C.S. § 8703 — PA Code / Title 42 / Chapter 87 / Section 8703
Arraignment.
Status: in_force

(a) General rule.--The arraignment of the defendant may be satisfied, in the discretion of the court, either by the physical appearance of the defendant before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other. If the defendant has counsel, the defendant shall be allowed to communicate fully and confidentially with his attorney during the proceeding. A judge may order the defendant to physically appear in court for the arraignment.

(b) Court rules.--Except for the provisions of this section, arraignments shall be in the form and in the manner as provided by court rule. (June 11, 1998, P.L.463, No.67, eff. 60 days) 1998 Amendment. Act 67 added section 8703.
42 Pa.C.S. § 403 — PA Code / Title 42 / Chapter 4 / Section 403
Applicability of amendments.
Status: in_force

Except as provided in section 404, the amendments to 42 Pa.C.S. Ch. 55 (relating to limitation of time) effected by this act shall apply only to causes of action which accrue after the effective date of this act.
42 Pa.C.S. § 8125 — PA Code / Title 42 / Chapter 81 / Section 8125
Tangible personal property exhibited at international exhibitions.
Status: in_force

Tangible personal property on exhibition or deposited by exhibitors at any international exhibition held under the auspices of the Federal Government shall be exempt from distress, attachment, levy, sale or any other seizure for any

cause whatsoever in the hands of the authorities of such exhibition or otherwise.
42 Pa.C.S. § 5111 — PA Code / Title 42 / Chapter 51 / Section 5111
Limitations on damages (Repealed).
Status: repealed

1980 Repeal. Section 5111 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter is now contained in Chapter 85 of this title.
42 Pa.C.S. § 7396 — PA Code / Title 42 / Chapter 73 / Section 7396
Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
42 Pa.C.S. § 8951 — PA Code / Title 42 / Chapter 89 / Section 8951
Definitions.
Status: in_force

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

"Chief law enforcement officer." The head of a duly constituted municipal law enforcement agency which regularly provides primary police services to a political subdivision or, in the absence of any such municipal law enforcement agency, the commanding officer of the Pennsylvania State Police installation which regularly provides primary police services to the political subdivision.

"Municipal police officer." Any natural person who is properly employed by a municipality, including a home rule municipality, as a regular full-time or part-time police officer.

"Nonmunicipal police department." The term shall have the same meaning as paragraphs (2), (3), (4), (5) and (6) in the definition of "police department" in 53 Pa.C.S. § 2162 (relating to definitions) and shall include the Office of Attorney General.

"Nonmunicipal police officer." A police officer employed by a nonmunicipal police department as a regular full-time or part-time police officer and an agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions).

"Primary jurisdiction." The geographical area within the territorial limits of a municipality or any lawful combination of municipalities which employs a municipal police officer and, in the case of a county of the third class that has established a county park police force in accordance with the provisions of section 2511 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, the geographical area designated by ordinance of its board of county commissioners as the jurisdictional area for the county park police.

"Training law." The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law. (Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Mar. 14, 2014, P.L.38, No.18, eff. imd.; June 28, 2018, P.L.415, No.57, eff. 60 days) 2018 Amendment. Act 57 added the defs. of "nonmunicipal police department" and "nonmunicipal police officer." 2014 Amendment. Act 18 reenacted the def. of "primary jurisdiction." See section 1 of Act 18 in the appendix to this title for special provisions relating to legislative findings and declarations. 2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014. References in Text. The act of June 18, 1974, P.L.359, No.120, referred to as the Municipal Police Education and Training Law, referred to in the def. of "training law," was

repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally). The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in the def. of "primary jurisdiction," was repealed by the act of May 8, 2024, P.L.50, No.14. The subject matter is now contained in section 16511 of Title 16 (Counties). Cross References. Section 8951 is referred to in sections 9799.36, 9799.70 of this title; section 1115 of Title 3 (Agriculture); section 6109 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 6801.1 — PA Code / Title 42 / Chapter 68 / Section 6801.1
Terrorism forfeiture (Repealed).
Status: repealed

2017 Repeal. Section 6801.1 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
42 Pa.C.S. § 3546 — PA Code / Title 42 / Chapter 35 / Section 3546
Relief from liability for loss of property if expenses not paid.
Status: in_force

Any officer enforcing orders of a tribunal shall be relieved from any liability for the loss, destruction, removal of or damage to any personal property, or for any injury to any real property, levied upon, seized or taken into possession by virtue of any process if the person lodging such process with him shall refuse to advance or secure upon demand the reasonable fees and expenses incident to the seizure, safe keeping and proper protection of such property.
42 Pa.C.S. § 5503 — PA Code / Title 42 / Chapter 55 / Section 5503
Commencement of matters.
Status: in_force

(a) General rule.--A matter is commenced for the purposes of this chapter when a document embodying the matter is filed in an office authorized by section 5103 (relating to transfer of erroneously filed matters) or by any other provision of law to receive such document.

(b) Implementing court rules.--Subsection (a) may be made more specifically applicable to particular classes of matters, including interparty claims therein, by general rules further defining the document which when filed shall constitute the commencement of a matter. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b). Cross References. Section 5503 is referred to in section 5552 of this title.
42 Pa.C.S. § 8331.3 — PA Code / Title 42 / Chapter 83 / Section 8331.3
Criminal victim aid good Samaritan civil immunity.
Status: in_force

(a) General rule.--Any person who provides or obtains or attempts to provide or obtain assistance for a victim of a

personal injury crime at the scene of the personal injury crime or attempted personal injury crime shall not be liable for any civil damages as a result of any acts or omissions in providing or obtaining or attempting to provide or obtain assistance, except any acts or omissions intentionally designed to harm or any acts or omissions that constitute gross negligence or willful, wanton or reckless conduct.

(b) Definitions.--The terms "personal injury crime" and "victim" shall have the same meanings given to them in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. (Dec. 20, 2000, P.L.811, No.113, eff. 60 days; Oct. 31, 2003, P.L.200, No.31, eff. 60 days) Cross References. Section 8331.3 is referred to in sections 8332.7, 8332.8 of this title.
42 Pa.C.S. § 7321.6 — PA Code / Title 42 / Chapter 73 / Section 7321.6
Application for judicial relief.
Status: in_force

(a) Procedure.--Except as otherwise provided in section 7321.29 (relating to appeals), an application for judicial relief under this subchapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.

(b) Service.--Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this subchapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases. Cross References. Section 7321.6 is referred to in sections 7321.5, 7321.28, 7342 of this title.
42 Pa.C.S. § 5332 — PA Code / Title 42 / Chapter 53 / Section 5332
Scope of subchapter.
Status: in_force

This subchapter shall apply to any civil action or proceeding in a foreign jurisdiction where discovery is sought in this Commonwealth.
42 Pa.C.S. § 3116 — PA Code / Title 42 / Chapter 31 / Section 3116
Effect of failure to obtain certificate.
Status: in_force

In the event that any magisterial district judge or judge fails to file the certificate provided for by section 3115 (relating to certification of successful completion of course of training) in the manner therein provided within nine months after the magisterial district judge's or judge's election or appointment, that office shall become vacant, and such vacancy shall be filled as provided in this chapter. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, 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. § 9574 — PA Code / Title 42 / Chapter 95 / Section 9574
Answer to petition.
Status: in_force

The Commonwealth may file a written answer to the petition within 120 days of the filing and service of the petition. For good cause shown, the court may grant an extension of time of up to 90 days. Failure to file an answer shall not constitute an admission of any facts alleged in the petition. Suspension by Court Order. Section 9574 was suspended August 11, 1997, S.Ct. Order. Cross References. Section 9574 is referred to in section 9545 of this title.
42 Pa.C.S. § 5505 — PA Code / Title 42 / Chapter 55 / Section 5505
Modification of orders.
Status: in_force

Except as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding the prior termination of any term of court, if no appeal from such order has been taken or allowed. Cross References. Section 5505 is referred to in section 3332 of Title 23 (Domestic Relations).
42 Pa.C.S. § 1901 — PA Code / Title 42 / Chapter 19 / Section 1901
Court Administrator of Pennsylvania.
Status: in_force

The Supreme Court shall appoint and may remove a Court Administrator of Pennsylvania. Cross References. Section 1901 is referred to in section 102 of this title; section 101 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 961 — PA Code / Title 42 / Chapter 9 / Section 961
Domestic relations section.
Status: in_force

Each court of common pleas shall have a domestic relations section, which shall consist of such probation officers and other staff of the court as shall be assigned thereto.
42 Pa.C.S. § 7521 — PA Code / Title 42 / Chapter 75 / Section 7521
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the

"Interpleader Compact Law."
42 Pa.C.S. § 1727 — PA Code / Title 42 / Chapter 17 / Section 1727
Budget and financial matters.
Status: in_force

The governing authority shall have power to:

(1) Review the tentative budget request of the system prepared by the Administrative Office pursuant to section 3522 (relating to preparation of tentative budget request), to make such modifications therein as in its judgment are necessary or desirable, and to approve a final budget request of the system pursuant to Subchapter B of Chapter 35 (relating to Judicial Department budget and finance).

(2) Approve or disapprove requests for the purchase from funds appropriated to the system of goods or services by personnel of the system, including the rental of space, and requests for the construction or modification of Commonwealth facilities to be utilized by the system.
42 Pa.C.S. § 9799.22 — PA Code / Title 42 / Chapter 97 / Section 9799.22
Enforcement.
Status: in_force

(a) Failure to comply.--When an individual set forth in section 9799.13 (relating to applicability) fails to comply with section 9799.19 (relating to initial registration), 9799.21 (relating to penalty) or 9799.36 (relating to counseling of sexually violent predators), the Pennsylvania State Police shall either:

(1) In cooperation with the district attorney, seek issuance of a warrant for the arrest of the individual and locate and arrest the individual for violating this section.

(2) Notify the municipal police department where the individual has a residence, is transient, is employed or is enrolled as a student. The municipal police shall, in cooperation with the district attorney, seek issuance of a warrant for the arrest of the individual and locate and arrest the individual for violating this section. In municipalities where no municipal police department exists, the Pennsylvania State Police shall proceed under paragraph

(1).

(b) When individual cannot be found.--In the event the individual cannot be located, the following apply:

(1) The Pennsylvania State Police shall enter information on the Internet website of sexual offenders and in the registry indicating that the individual cannot be located.

(2) The Pennsylvania State Police shall provide information to the National Sex Offender Registry and NCIC to reflect that the individual cannot be located.

(3) The Pennsylvania State Police shall notify the United States Marshals Service.

(4) If a warrant is issued pursuant to this subsection, the police department executing the warrant shall provide information to the National Crime Information Center Wanted Person File to reflect that a warrant has been issued for the individual's arrest.

(c) Notice from another jurisdiction.--When another jurisdiction notifies the Pennsylvania State Police that a

sexual offender has terminated residence, employment or enrollment as a student in that jurisdiction and intends to establish a residence in this Commonwealth, commence employment in this Commonwealth or commence enrollment as a student in this Commonwealth and that sexual offender fails to appear in this Commonwealth to register as provided in section 9799.15 (relating to period of registration), the Pennsylvania State Police shall notify the other jurisdiction that the sexual offender failed to appear. This subsection also applies to a transient who fails to appear.

(d) Duty to inform Pennsylvania State Police.--In order to implement this subchapter, the court with jurisdiction over the sexual offender, the chief juvenile probation officer of the court and the appropriate official of the Department of Corrections responsible for State parole supervision, the county office of probation and parole, the Department of Human Services or a State or county correctional institution shall inform the Pennsylvania State Police if the individual refuses to provide the information required by this subchapter so that the Pennsylvania State Police may comply with this section. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (d). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. 2021 Unconstitutionality. Section 9799.22 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.22 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). Cross References. Section 9799.22 is referred to in sections 9799.25, 9799.32 of this title.
42 Pa.C.S. § 7361 — PA Code / Title 42 / Chapter 73 / Section 7361
Compulsory arbitration.
Status: in_force

(a) General rule.--Except as provided in subsection (b), when prescribed by general rule or rule of court such civil matters or issues therein as shall be specified by rule shall first be submitted to and heard by a board of three members of the bar of the court.

(b) Limitations.--No matter shall be referred under subsection (a):

(1) which involves title to real property; or

(2) where the amount in controversy, exclusive of interest and costs, exceeds $50,000.

(c) Procedure.--The arbitrators appointed pursuant to this section shall have such powers and shall proceed in such manner as shall be prescribed by general rules.

(d) Appeal for trial de novo.--Any party to a matter shall have the right to appeal for trial de novo in the court. The party who takes the appeal shall pay such amount or proportion of fees and costs and shall comply with such other procedures as shall be prescribed by general rules. In the absence of appeal the judgment entered on the award of the arbitrators

shall be enforced as any other judgment of the court. For the purposes of this section and section 5571 (relating to appeals generally) an award of arbitrators constitutes an order of a tribunal. (Apr. 6, 1980, P.L.100, No.38; Apr. 16, 1992, P.L.146, No.25, eff. 60 days; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; May 11, 2006, P.L.166, No.41, eff. 60 days) 2006 Amendment. Act 41 amended subsec. (b). 1980 Amendment. Act 38 amended subsec. (d), effective immediately and retroactive to June 27, 1978, and amended the remainder of section 7361, effective in 60 days and applicable to actions filed on and after that date. 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 7361(b)(2)(i) insofar as it is inconsistent with Act 11. Cross References. Section 7361 is referred to in section 1794 of Title 75 (Vehicles).
42 Pa.C.S. § 9799.74 — PA Code / Title 42 / Chapter 97 / Section 9799.74
Standing for Pennsylvania State Police.
Status: in_force

Except for petitions filed under section 9799.59(a) (relating to exemptions from certain notifications), the Pennsylvania State Police shall have standing to appear and contest a filing in a court of this Commonwealth which seeks to challenge in any way the obligation of an individual required to register with the Pennsylvania State Police under this subchapter. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.74.
42 Pa.C.S. § 916 — PA Code / Title 42 / Chapter 9 / Section 916
Treatment courts.
Status: in_force

(a) Establishment.--The court of common pleas of a judicial district and the Municipal Court of Philadelphia may establish, from available funds, one or more treatment courts which have specialized jurisdiction, including, but not limited to, veterans courts, drug courts, mental health courts and driving under the influence courts, whereby defendants are admitted to a court-supervised individualized treatment program. The court may adopt local rules for the administration of treatment courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court.

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

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

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

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

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

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

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

(d) Veterans courts.--

(1) If a court of common pleas of a judicial district or the Municipal Court of Philadelphia has established a veterans court under subsection (a), the court may provide for participation by defendants from another county or counties.

(2) A court of common pleas of a judicial district or the Municipal Court of Philadelphia may join with the court in another county or counties to establish a multicounty veterans court.

(e) Veterans track.--If a court of common pleas of a judicial district or the Municipal Court of Philadelphia established a treatment court under subsection (a), except for a veterans court, the court may establish a veterans track within the treatment court. As used in this subsection, the

term "veterans track" means a program that utilizes some components of a veterans court, including, but not limited to, treatment resources and veteran mentors and does not have the population and judicial resources to sustain a full veterans court.

(f) Local rules.--A court of common pleas of a judicial district or the Municipal Court of Philadelphia that established a veterans court, multicounty veterans court or veterans track under this section may adopt local rules for the administration of the courts and their related treatment services. The local rules may not be inconsistent with this section or any rules established by the Supreme Court. (June 3, 2010, P.L.207, No.30, eff. 60 days; Nov. 3, 2020, P.L.1090, No.111, eff. 60 days; July 21, 2025, P.L.127, No.38, eff. 90 days) Cross References. Section 916 is referred to in section 9771 of this title.
42 Pa.C.S. § 723 — PA Code / Title 42 / Chapter 7 / Section 723
Appeals from Commonwealth Court.
Status: in_force

(a) General rule.--The Supreme Court shall have exclusive jurisdiction of appeals from final orders of the Commonwealth Court entered in any matter which was originally commenced in the Commonwealth Court except an order entered in a matter which constitutes an appeal to the Commonwealth Court from another court, a magisterial district judge or another government unit.

(b) Board of Finance and Revenue matters.--Any final order of the Commonwealth Court entered in any appeal from a decision of the Board of Finance and Revenue shall be appealable to the Supreme Court, as of right, under this section. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; 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 723 is referred to in sections 724, 763, 5105 of this title.
42 Pa.C.S. § 2756 — PA Code / Title 42 / Chapter 27 / Section 2756
Matters or documents filed in the office of the clerk of the courts.
Status: in_force

(a) General rule.--All applications for relief or other documents relating to the following matters shall be filed in or transferred to the office of the clerk of the courts:

(1) Criminal matters including all related motions and filings.

(2) Road, liquor, municipal and other miscellaneous civil matters formerly within the jurisdiction of the Courts of Oyer and Terminer, General Jail Delivery, and Quarter Sessions of the Peace.

(3) Other matters to the extent provided by law or the local ordinance or resolution creating or recognizing the cause of action.

(b) Exceptions.--

(1) Subsection (a)(2) and (3) shall not be applicable in the fifth judicial district.

(2) The clerk of the courts of any county may file in the office of the prothonotary of the county and in the Administrative Office a written waiver of all or any part of subsection (a)(2) and (3), whereupon the provisions so waived shall not be applicable in the county. Cross References. Section 2756 is referred to in sections 2703, 2736 of this title.
42 Pa.C.S. § 5323 — PA Code / Title 42 / Chapter 53 / Section 5323
Service of process on persons outside this Commonwealth.
Status: in_force

(a) Manner of service.--When the law of this Commonwealth authorizes service of process outside this Commonwealth, the service, when reasonably calculated to give actual notice, may be made:

(1) By personal delivery in the manner prescribed for service within this Commonwealth.

(2) In the manner provided or prescribed by the law of the place in which the service is made for service in that

place in an action in any of its courts of general jurisdiction.

(3) By any form of mail addressed to the person to be served and requiring a signed receipt.

(4) As directed by the foreign authority in response to a letter rogatory.

(5) As directed by a court.

(b) Proof of service.--Proof of service outside this Commonwealth may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this Commonwealth, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the tribunal.

(c) Individuals eligible to make service.--Service outside this Commonwealth may be made by an individual permitted to make service of process under the law of this Commonwealth or under the law of the place in which the service is made or who is designated by a tribunal of this Commonwealth.

(d) Certain individuals to be served.--When the law of this Commonwealth requires that in order to effect service one or more designated individuals be served, service outside this Commonwealth under section 5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth) must be made upon the designated individual or individuals. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that section 5323 shall not be deemed suspended or affected by Rules 400 through 441 relating to service of original process and other legal papers. Cross References. Section 5323 is referred to in section 5329 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 322 — PA Code / Title 42 / Chapter 3 / Section 322
Seal.
Status: in_force

Each court of this Commonwealth shall have a seal engraved with the name of the court and such other inscription as may be specified by general rule or rule of court. A facsimile or

preprinted seal may be used for all purposes in lieu of the original seal.
42 Pa.C.S. § 1512 — PA Code / Title 42 / Chapter 15 / Section 1512
Seal.
Status: in_force

Each magisterial district shall have a seal, which shall be in the custody of the magisterial district judge elected or appointed for such district. The official acts of the magisterial district judge shall be authenticated therewith. There shall be engraved on the seal such inscription as may be specified by general rule. A facsimile or preprinted seal may be used for all purposes in lieu of the original seal. (June 28, 2002, P.L.518, No.86, 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. § 8501 — PA Code / Title 42 / Chapter 85 / Section 8501
Definitions.
Status: in_force

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

"Act." Includes a failure to act.

"Commonwealth party." A Commonwealth agency and any employee thereof, but only with respect to an act within the scope of his office or employment.

"Employee." Any person who is acting or who has acted on behalf of a government unit whether on a permanent or temporary basis, whether compensated or not and whether within or without the territorial boundaries of the government unit, including any volunteer fireman and any elected or appointed officer, member of a governing body or other person designated to act for the government unit. Independent contractors under contract to the government unit and their employees and agents and persons performing tasks over which the government unit has no legal right of control are not employees of the government unit.

"Injury." Includes death.

"Judicial determination." Any determination by a court of competent jurisdiction including any settlement approved by such court.

"Local agency." A government unit other than the Commonwealth government. The term includes, but is not limited to, an intermediate unit; municipalities cooperating in the exercise or performance of governmental functions, powers or responsibilities under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation); and councils of government and other entities created by two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A. (Dec. 20, 2000, P.L.946, No.129, eff. 60 days) 2000 Amendment. Act 129 amended the def. of "local agency." Prior Provisions. Former section 8501 was added April 28, 1978, P.L.202, No.53, and repealed October 5, 1980, P.L.693,

No.142. The subject matter of former section 8501 is now contained in section 8502 of this title. Cross References. Section 8501 is referred to in sections 1123, 1515, 8332.3 of this title; sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).
42 Pa.C.S. § 1517 — PA Code / Title 42 / Chapter 15 / Section 1517
Salary (Repealed).
Status: repealed

1987 Repeal. Section 1517 was repealed July 3, 1987, P.L.193, No.28, effective immediately.
42 Pa.C.S. § 911 — PA Code / Title 42 / Chapter 9 / Section 911
Courts of common pleas.
Status: in_force

(a) General rule.--There shall be one court of common pleas for each judicial district of this Commonwealth consisting of the following number of judges: Number of Judges Judicial District

First

Second

Third

Fourth

Fifth

Sixth

Seventh

Eighth

Ninth

Tenth

Eleventh

Twelfth

Thirteenth

Fourteenth

Fifteenth

Sixteenth

Seventeenth

Eighteenth

Nineteenth

Twentieth

Twenty-first

Twenty-second

Twenty-third

Twenty-fourth

Twenty-fifth

Twenty-sixth

Twenty-seventh

Twenty-eighth

Twenty-ninth

Thirtieth

Thirty-first

Thirty-second

Thirty-third

Thirty-fourth

Thirty-fifth

Thirty-sixth

Thirty-seventh

Thirty-eighth

Thirty-ninth

Fortieth

Forty-first

Forty-second

Forty-third

Forty-fourth

Forty-fifth

Forty-sixth

Forty-seventh

Forty-eighth

Forty-ninth

Fiftieth

Fifty-first

Fifty-second

Fifty-third

Fifty-fourth

Fifty-fifth

Fifty-sixth

Fifty-seventh

Fifty-eighth

Fifty-ninth

Sixtieth

(a.1) Interim judgeship.--(Expired).

(a.2) Fifteenth Judicial District.--(Expired).

(b) Single county districts.--In single county judicial districts the court of common pleas of the district shall be known as the "Court of Common Pleas of (the respective) County."

(c) Multicounty districts.--In multicounty judicial districts the court of common pleas of the district shall be known as the "Court of Common Pleas of the (respective) Judicial District." There shall be a separate branch of the court in each county comprising the judicial district. (Nov. 26, 1978, P.L.1264, No.301, eff. imd.; July 10, 1980, P.L.513, No.106; Apr. 8, 1982, P.L.292, No.82; July 10, 1984, P.L.708, No.150, eff. imd.; Dec. 22, 1986, P.L.1744, No.213, eff. 60 days; May 13, 1987, P.L.15, No.6, eff. imd.; Dec. 7, 1990, P.L.619, No.159, eff. imd.; Feb. 14, 1997, P.L.3, No.2, eff. imd.; Dec. 15, 1998, P.L.949, No.126; Dec. 20, 2000, P.L.742, No.105, eff. imd.; June 22, 2001, P.L.388, No.28, eff. imd.; Dec. 9, 2002, P.L.1705, No.215, eff. imd.; Nov. 30, 2004, P.L.1703, No.217, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. imd.; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days; Oct. 30, 2017, P.L.802, No.49, eff. imd.; Dec. 14, 2023, P.L.435, No.58, eff. imd.) 2023 Amendment. Act 58 amended subsec. (a). See section 2 of Act 58 in the appendix to this title for special provisions relating to applicability. 2017 Amendment. See section 3 of Act 49 in the appendix to this title for special provisions relating to applicability. 2014 Expiration. Subsection (a.2) expired January 6, 2014. See Act 114 of 2010. 2010 Amendment. Act 114 added subsec. (a.2). 2008 Amendment. See section 8 of Act 98 in the appendix to this title for special provisions relating to the selection of additional judges.

2004 Amendment. See section 5 of Act 217 in the appendix to this title for special provisions relating to election of additional judges. 2002 Amendment. See section 7 of Act 215 in the appendix to this title for special provisions relating to election of additional judges. 2002 Expiration. Subsec. (a.1) expired January 8, 2002. See Act 28 of 2001. 2001 Amendment. See sections 2 and 3 of Act 28 in the appendix to this title for special provisions relating to election of additional judges and legislative findings. 2000 Amendment. See section 7 of Act 105 in the appendix to this title for special provisions relating to election of additional judges. 1998 Amendment. Act 126 amended the entire section, effective immediately as to subsec. (a) and January 1, 1999, as to the remainder of the section. Section 12 of Act 126 provided that the new judgeship for the fifty-second district added by the amendment of subsec. (a) shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election. 1997 Amendment. See section 2 of Act 2 in the appendix to this title for special provisions relating to the election of additional judges. 1990 Amendment. See sections 2 and 3 of Act 159 in the appendix to this title for special provisions relating to judgeships in First Judicial District and filling of new judgeships. 1984 Amendment. See section 3 of Act 150 in the appendix to this title for special provisions relating to election of additional judges. 1978 Amendment. See section 4 of Act 301 in the appendix to this title for special provisions relating to election of additional judges.
42 Pa.C.S. § 4438 — PA Code / Title 42 / Chapter 44 / Section 4438
Funding.
Status: in_force

Except as provided in section 4437 (relating to cost of providing interpreter), the General Assembly shall appropriate to the Court Administrator such sums as may be necessary to establish a program to facilitate the use of interpreters and otherwise fulfill the provisions of this subchapter. Implementation of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section.
42 Pa.C.S. § 2705 — PA Code / Title 42 / Chapter 27 / Section 2705
Responsibility for reports to executive agencies.
Status: in_force

(a) Community Affairs.--The office of clerk of the court of common pleas shall certify to the Department of Community Affairs a copy of any order of court incorporating, merging, dissolving, annexing any territory from or to, confirming the adoption, amendment or repeal of any home rule charter or optional plan of government, or otherwise affecting the corporate status of any municipality.

(b) Insurance Department.--The prothonotary and the clerk of the orphans' court division shall make to the Insurance Department such periodic or special reports concerning matters commenced against any person subject to the supervision of the Insurance Department as the department may specify by regulation.

(c) Department of Justice.--The prothonotary and the clerk of the courts shall make to the Department of Justice such periodic or special reports concerning criminal matters as the department may specify by regulation.

(d) Department of Labor and Industry.--The clerk of the courts shall notify the Department of Labor and Industry of every conviction under the act of May 18, 1937 (P.L.665, No.176), known as the "Industrial Homework Law," if the department is not a party to the proceedings.

(e) Department of Transportation.--The office of the clerk of the court of common pleas shall comply with the reporting requirements of Title 75 (relating to vehicles).

(e.1) Department of Revenue.--The clerk of the courts shall report to the Department of Revenue, for the purposes of an audit of tax returns, the name of any person convicted of selling, distributing, delivering or manufacturing or possessing with intent to sell, distribute, deliver or manufacture any controlled substance or designer drug under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, when the value of the controlled substance or the designer drug, or combination thereof, amounts to $1,000 or more. As used in this subsection, the term "convicted" includes having pleaded guilty or nolo contendere.

(f) Superseding administrative office procedures and standards.--The manner of making any informational report required by or pursuant to subsections (a) through (e) or by or pursuant to any other similar statute by the office of the clerk of the court of common pleas may be modified by procedures

and standards prescribed pursuant to section 4301 (relating to establishment and maintenance of judicial records) with the approval of the Department of Justice. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 22, 1989, P.L.726, No.98, eff. 60 days) 1989 Amendment. Act 98 added subsec. (e.1). 1978 Amendment. Act 53 added section 2705. Transfer of Functions. Section 301(a)(16) of Act 58 of 1996 provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 2705 are transferred to the Department of Community and Economic Development. References in Text. The Department of Community Affairs, referred to in subsec. (a), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development. The Department of Justice, referred to in subsecs. (c) and

(f), was reorganized into the Office of Attorney General by the act of October 15, 1980 (P.L.950, No.164).
42 Pa.C.S. § 4902 — PA Code / Title 42 / Chapter 49 / Section 4902
Declaration.
Status: in_force

The General Assembly finds and declares as follows:

(1) It is of paramount importance to the citizens of this Commonwealth that all individuals who seek lawful redress of their grievances have equal access to our system of justice.

(2) The availability of civil legal services is essential to providing meaningful access to justice for indigent persons who cannot afford legal representation.
42 Pa.C.S. § 9799.32 — PA Code / Title 42 / Chapter 97 / Section 9799.32
Pennsylvania State Police and Department of Corrections.
Status: in_force

The Pennsylvania State Police have the following duties:

(1) To create and maintain the Statewide registry of sexual offenders in conformity with the provisions of this subchapter.

(2) In consultation with the Department of Corrections, the Office of Attorney General, the Juvenile Court Judges' Commission, the Administrative Office of Pennsylvania Courts and the chairman and minority chairman of the Judiciary Committee of the Senate and the chairman and minority chairman of the Judiciary Committee of the House of Representatives, to promulgate guidelines necessary for the general administration of this subchapter. These guidelines shall establish procedures to allow an individual subject to the requirements of this subchapter, including a transient, to fulfill these requirements at approved registration sites throughout this Commonwealth. The Pennsylvania State Police shall publish a list of approved registration sites in the Pennsylvania Bulletin and provide a list of approved registration sites in any notice sent to individuals required to register under this subchapter. An approved registration site shall be capable of submitting fingerprints, palm prints, DNA samples and any other information required electronically to the Pennsylvania State Police. The Pennsylvania State Police shall require that approved registration sites submit fingerprints utilizing the Integrated Automated Fingerprint Identification System or in another manner and in such form as the Pennsylvania State Police shall require. Approved registration sites shall not be limited to sites managed by the Pennsylvania State Police and shall include sites managed by local law enforcement agencies that meet the criteria for approved registration sites set forth in this paragraph.

(3) To write guidelines regarding neighbor notification under section 9799.27(b)(1) (relating to other notification).

(4) Within three business days, to transfer information as set forth in section 9799.18 (relating to information sharing).

(5) To enforce the provisions of this subchapter as set forth in section 9799.22 (relating to enforcement).

(6) To facilitate verification of information from individuals under section 9799.13 (relating to applicability) as provided in section 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police).

(7) In consultation with the Department of Education and the Department of Corrections, to promulgate guidelines directing licensed day-care centers, licensed preschool programs, schools, universities and colleges, including community colleges, on the proper use and administration of information received under section 9799.27.

(8) In consultation with the Department of Corrections, to promulgate guidelines directing State and county correctional facilities and State and county probation and

parole offices regarding the completion of information, including the taking of photographs, required by sexual offenders under this subchapter.

(9) In consultation with the Administrative Office of Pennsylvania Courts, the Department of Human Services and the Juvenile Court Judges' Commission, to promulgate guidelines regarding the completion of information required by juvenile offenders and sexually violent delinquent children under this subchapter.

(10) To develop the telephonic verification system established under section 9799.25. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended the section heading and pars. (2), (7), (8) and (9). 2021 Unconstitutionality. Section 9799.32 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.32 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended par. (6) and added par.

(10) and Act 29 reenacted pars. (6) and (10). Section 20(1) of Act 10 provided that the amendment of section 9799.32 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment . Act 91 amended par. (3). 2011 Amendment. Act 111 added section 9799.32.
42 Pa.C.S. § 2154.3 — PA Code / Title 42 / Chapter 21 / Section 2154.3
Adoption of guidelines for fines.
Status: in_force

The commission shall adopt guidelines for fines or other lawful economic sanctions, within the limits established by law, which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to or who are found guilty of felonies and misdemeanors. The guidelines shall do all of the following:

(1) Specify the range of fines or other lawful economic sanctions, applicable to crimes of a given degree of gravity.

(2) Specify a range of fines or other lawful economic sanctions of increased amount for defendants previously convicted or adjudicated delinquent for one or more misdemeanor or felony offenses committed prior to the current offense. For purposes of this paragraph, the term "previously convicted or adjudicated delinquent" shall include any finding of guilt or adjudication of delinquency whether or not sentence has been imposed or disposition ordered prior to the commission of the current offense.

(3) Prescribe variations from the range of fines applicable on account of aggravating or mitigating circumstances.

(4) Prescribe community service alternatives which may be imposed in lieu of all or part of the fines where the sentencing court finds the defendant lacks the ability to pay all or part of the fine. (July 17, 2007, P.L.123, No.37, eff. 120 days) 2007 Amendment. Act 37 added section 2154.3. Cross References. Section 2154.3 is referred to in section 9721 of this title.
42 Pa.C.S. § 3135 — PA Code / Title 42 / Chapter 31 / Section 3135
Increase in number of judges.
Status: in_force

Whenever the number of judges of a court is increased by statute, unless otherwise expressly provided by statute, the additional judicial positions thereby created shall be deemed to be vacancies occurring on the effective date of the statute, and shall be filled in the manner and for the term provided in this chapter for other vacancies on such court. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) Special Provisions in Appendix. See sections 2 and 3 of Act 213 of 1986 in the appendix to this title for special provisions relating to election of additional judges and applicability.
42 Pa.C.S. § 5573 — PA Code / Title 42 / Chapter 55 / Section 5573
Effect of application for rehearing.
Status: in_force

If an application for rehearing or reconsideration of an order is made to a tribunal the effect thereof on the time for appeal from such order shall be governed by general rules adopted pursuant to section 1722(a) (relating to adoption of administrative and procedural rules).

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 8339 — PA Code / Title 42 / Chapter 83 / Section 8339
Agricultural immunity.
Status: in_force

(a) General rule.--No cause of action shall arise against the owner, tenant or lessee of land or premises for injuries to any person, other than an employee or contractor of the owner, tenant or lessee, who is on the land or premises for the purpose of picking and purchasing agricultural or farm products at a farm or "u-pick" operation, unless the person's injuries were caused by a condition which involved an unreasonable risk of harm and all of the following apply:

(1) The owner, tenant or lessee knew or had reason to know of the condition or risk.

(2) The owner, tenant or lessee failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk.

(b) Definitions.--As used in this section, the term "agricultural or farm products" means the natural products of the farm, nursery, grove, orchard, vineyard, garden and apiary, including, but not limited to, trees and firewood. (July 11, 1990, P.L.464, No.112, eff. imd.) 1990 Amendment. Act 112 added section 8339.
42 Pa.C.S. § 6106 — PA Code / Title 42 / Chapter 61 / Section 6106
Certified exemplifications of records.
Status: in_force

Whenever provision is made by law for recording or filing in a public office any document, the record thereof made, and exemplifications of the document lawfully certified, shall be legal evidence in all matters in which the document would be competent evidence. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) Cross References. Section 6106 is referred to in section 2504 of this title.
42 Pa.C.S. § 2525 — PA Code / Title 42 / Chapter 25 / Section 2525
Unauthorized solicitation prohibited.
Status: in_force

(a) Offense defined.--Any person not an attorney at law who shall solicit or procure through solicitation a retainer, power of attorney or any agreement, written or oral, authorizing an attorney at law to perform or render legal services, or who shall solicit any person in this Commonwealth to institute any action or proceeding for damages in which the compensation of any attorney at law for instituting or prosecuting such suit, shall directly or indirectly, depend upon the amount of the recovery therein, commits a misdemeanor of the third degree.

(b) Exception.--Subsection (a) shall not prohibit any bona fide labor organization from giving legal advice to its members

in matters arising out of their employment or prohibit any person from engaging in any associational activity which is protected under the Constitution of the United States.
42 Pa.C.S. § 2704 — PA Code / Title 42 / Chapter 27 / Section 2704
Responsibility for entry, maintenance and certification of data and certification of amicable judgments.
Status: in_force

The prothonotary, clerk of the courts and clerk of the orphans' court division shall:

(1) Be responsible for the accurate and timely creation, maintenance and certification of the record of matters pending before or determined by the courts of common pleas and the Philadelphia Municipal Court, including data and reports relating thereto.

(2) Within 30 days after the entry of any money judgment, other than upon a verdict or after decision by a court, deliver to the authorities who assess for county tax purposes in the county where the judgment was entered a written report of the docket number where the judgment was entered, the date the judgment was entered, the amount of the judgment, the names of all parties to the proceeding in which the judgment was entered, the addresses of the persons in favor of whom the judgment was entered and the names and addresses of all assignees of the judgment. Failure to perform the duties imposed by this paragraph shall not impair the validity of any judgment or the lien thereof. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)