42 Pa.C.S. § 4543 — PA Code / Title 42 / Chapter 45 / Section 4543
Convening county investigating grand jury.
Status: in_force

(a) General rule.--In addition to such other grand juries as are called from time to time, county investigating grand juries shall be summoned as provided in subsection (b).

(b) On the initiative of attorney for Commonwealth.--Application may be made to the president judge of the appropriate court of common pleas by the attorney for the Commonwealth for an order directing that a county investigating grand jury be summoned, stating in such application that the convening of a county investigating grand jury is necessary because of the existence of criminal activity within the county which can best be fully investigated using the investigative resources of the grand jury. Within ten days of receipt of such application, the president judge shall issue an order granting the request. The order shall specify which judge is to be the supervising judge of the county investigating grand jury. Refusal to grant an application under this subsection shall be appealable to the Supreme Court in the manner prescribed by general rule.

(c) On the initiative of the court.--In the absence of an order under subsection (b), the president judge of the court of common pleas upon his own motion may issue an order directing that a county investigating grand jury be summoned, except that the summoning of such grand jury may, in the discretion of the court, be stayed if the district attorney of the county and the Attorney General both certify to the court that, in their judgments, the summoning of such grand jury is not necessary at such time.

(d) Manner of impaneling.--The county investigating grand jury shall be impaneled in the manner provided or prescribed by law.

Cross References. Section 4543 is referred to in sections 4544, 4547 of this title.
42 Pa.C.S. § 7375 — PA Code / Title 42 / Chapter 73 / Section 7375
Arbitration agreement.
Status: in_force

(a) Requirements.--An arbitration agreement must:

(1) be in a record signed by the parties;

(2) identify the arbitrator, an arbitration organization or a method of selecting an arbitrator; and

(3) identify the family law dispute the parties intend to arbitrate.

(b) Effect.--Except as set forth in subsection (c), an agreement in a record to arbitrate a family law dispute which arises between the parties is:

(1) valid and enforceable as any other contract; and

(2) irrevocable, except on a ground that exists at law or in equity for the revocation of a contract.

(c) Unenforceable agreements.--An agreement to arbitrate a child custody dispute or child support dispute, which arises between the parties after the agreement is made is unenforceable unless:

(1) the parties affirm the agreement in a record after the child custody dispute or child support dispute arises; or

(2) the agreement was entered during a family law proceeding, and the court approved or incorporated the agreement in an order issued in the proceeding.

(d) Objection to arbitration.--If a party objects to arbitration on the grounds that the arbitration agreement is

unenforceable or that the agreement does not include a family law dispute, the court shall decide whether the agreement is enforceable or includes the family law dispute. Cross References. Section 7375 is referred to in section 7377 of this title.
42 Pa.C.S. § 7392 — PA Code / Title 42 / Chapter 73 / Section 7392
Modification of confirmed award or judgment.
Status: in_force

If a party requests under the laws of this Commonwealth other than this subchapter modification of an award confirmed under section 7386 (relating to confirmation of award) or of a judgment on an award, based on a fact occurring after confirmation:

(1) the parties shall proceed under the dispute-resolution method specified in the award or judgment; or

(2) if the award or judgment does not specify a dispute-resolution method, the parties may:

(i) agree to arbitrate the modification before the original arbitrator or another arbitrator; or

(ii) absent agreement proceedings under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure.
42 Pa.C.S. § 9773 — PA Code / Title 42 / Chapter 97 / Section 9773
Modification or revocation of county intermediate punishment sentence (Repealed).
Status: repealed

2019 Repeal. Section 9773 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
42 Pa.C.S. § 7321.18 — PA Code / Title 42 / Chapter 73 / Section 7321.18
Witnesses; subpoenas; depositions; discovery.
Status: in_force

(a) Subpoenas.--An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at a hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, may be enforced in the manner for enforcement of subpoenas in a civil action.

(b) Depositions.--In order to make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of a witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.

(c) Discovery.--An arbitrator may permit discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.

(d) Compliance with discovery.--If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this Commonwealth.

(e) Protective orders.--An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this Commonwealth.

(f) Compulsory laws.--All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this Commonwealth.

(g) Enforcement.--The court may enforce a subpoena or discovery-related order for the attendance of a witness within this Commonwealth and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this Commonwealth and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, may be enforced in the manner provided by law for enforcement of subpoenas in a civil action in this Commonwealth. Cross References. Section 7321.18 is referred to in sections 7321.5, 7342 of this title.
42 Pa.C.S. § 5327 — PA Code / Title 42 / Chapter 53 / Section 5327
Determination of foreign law.
Status: in_force

(a) Notice.--A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this Commonwealth shall give notice in his pleadings or other reasonable written notice.

(b) Materials to be considered.--In determining the law of any jurisdiction or governmental unit thereof outside this Commonwealth, the tribunal may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence.

(c) Court decision and review.--The court, not jury, shall determine the law of any governmental unit outside this

Commonwealth. The determination of the tribunal is subject to review on appeal as a ruling on a question of law. Cross References. Section 5327 is referred to in section 5329 of this title.
42 Pa.C.S. § 6909 — PA Code / Title 42 / Chapter 69 / Section 6909
Lessor's liability for noncompliance.
Status: in_force

(a) Violation of other law.--A violation of this chapter shall constitute a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, and shall be subject to the enforcement

provisions and private rights of action contained in that act, except as limited in this section.

(b) Recovery in class action limited.--Notwithstanding any other provision of this section or the Unfair Trade Practices and Consumer Protection Law, in any class action brought for violation of this chapter, the total recovery arising out of the same failure to comply shall not be more than the lesser of $500,000 or an amount equal to 1% of the net worth of the lessor.

(c) Recovery of damages.--If a particular rental-purchase agreement has more than one lessee, only one recovery of damages is allowed for a violation of this chapter. Multiple violations in connection with a single rental-purchase agreement entitle the lessee or multiple lessees to only one recovery under this chapter.

(d) Commencement of class action.--A class action alleging a violation of this chapter may not be brought more than two years after the occurrence of the violation that is the subject of the suit or more than two years after the lessee made the last rental payment, whichever is later. This subsection does not bar a lessee from asserting a violation of this chapter as a matter of defense by recoupment or setoff in an action brought by a lessor more than two years after the date of the occurrence of the violation on an obligation arising from the rental-purchase agreement.

(e) Counteraction or defense.--A lessee may not take any action to offset any amount for which a lessor is potentially liable under the Unfair Trade Practices and Consumer Protection Law against any amount owed by the lessee unless the amount of the liability of the lessor has been determined by a judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection does not bar a lessee in default on an obligation arising from the rental-purchase agreement from asserting a violation of this chapter in an original action or as a defense or counterclaim to an action brought by the lessor to collect amounts owed by the lessee under the rental-purchase agreement. Cross References. Section 6909 is referred to in section 6910 of this title.
42 Pa.C.S. § 5527.2 — PA Code / Title 42 / Chapter 55 / Section 5527.2
Mesne profits.
Status: in_force

(a) General rule.--Record owners, their heirs, successors and assigns shall have the right to seek any mesne profits in an action in ejectment filed in response to the notice served under section 5527.1 (relating to ten year limitation) or waive the right to such recovery.

(b) Limitation on recovery.--Recovery shall be limited to the mesne profits applicable to the six-year period ending with the commencement of the action in ejectment under section 5527(b) (relating to six year limitation). (June 19, 2018, P.L.223, No.34, eff. one year) 2018 Amendment. Act 34 added section 5527.2.
42 Pa.C.S. § 4545 — PA Code / Title 42 / Chapter 45 / Section 4545
Composition of investigating grand jury.
Status: in_force

(a) General rule.--Each investigating grand jury shall be composed initially of 23 members and have a minimum of seven and not more than 15 alternates. Subsequent vacancies shall be filled by substituting alternates for the members who are excused or otherwise unable to continue their service.

(b) Quorum and manner of action.--Fifteen members shall constitute a quorum and may conduct business for the investigating grand jury. A majority of the full investigating grand jury shall be required to adopt a report or issue a presentment.

(c) Officers.--The supervising judge shall appoint a foreman from among the members of the investigating grand jury. The members of the investigating grand jury shall then elect a secretary. (Dec. 20, 2000, P.L.742, No.105, eff. 60 days) 2000 Amendment. Act 105 amended subsec. (a).
42 Pa.C.S. § 7524 — PA Code / Title 42 / Chapter 75 / Section 7524
Duties of the Governor.
Status: in_force

As used in paragraph (c) of Article 7 of the interpleader compact the phrase "executive head" shall mean the Governor of this Commonwealth. In the event that the Governor takes any action pursuant to paragraph (c) of Article 7 of the interpleader compact he shall promptly notify the Department of State and shall deposit with it copies of all official communications and documents relating to the action.
42 Pa.C.S. § 6325 — PA Code / Title 42 / Chapter 63 / Section 6325
Detention of child.
Status: in_force

A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless his detention or care is required to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian, or custodian or other person able to provide supervision and care for him and return him to the court when required, or an order for his detention or shelter care has been made by the court pursuant to this chapter. Cross References. Section 6325 is referred to in sections 6304, 6326, 6331, 6332 of this title.
42 Pa.C.S. § 6404.2 — PA Code / Title 42 / Chapter 64 / Section 6404.2
Duration of outpatient commitment and review.
Status: in_force

(a) Terms and conditions.--If a court has ordered the transfer of the person to involuntary outpatient treatment pursuant to section 6404.1 (relating to transfer to involuntary outpatient treatment), the court may, in its discretion, specify the terms and conditions of the outpatient commitment, including, but not limited to:

(1) Absolute compliance with the outpatient treatment plan.

(2) Restrictions and requirements regarding the location of the person's residence and the times the person must be physically present.

(3) Restrictions and requirements regarding areas the person is not permitted to visit.

(4) Restrictions and requirements regarding who the person may contact in any medium.

(5) Periodic polygraph tests.

(b) Duration.--The court shall order involuntary outpatient treatment for a period of one year.

(c) Status reports.--An involuntary outpatient treatment provider shall submit a report on the person's status and clinical progress, on a form prescribed by the department, to the facility operated by the department pursuant to section 6406(a) (relating to duty of Department of Public Welfare), not less than every 30 days.

(d) Failure to comply.--If an involuntary outpatient treatment provider becomes aware that the person has violated any provision of the treatment plan or any term or condition specified pursuant to subsection (a) or the provider concludes that the person is having serious difficulty controlling sexually violent behavior in an outpatient setting due to a mental abnormality or personality disorder that makes the person likely to engage in an act of sexual violence, the provider shall immediately notify the facility operated by the department pursuant to section 6406(a). The facility shall notify the court by the close of the next business day.

(e) Revocation of transfer.--Upon receiving notice pursuant to subsection (d) that the person has violated a material term or condition of transfer specified pursuant to subsection (a) or that the person is having serious difficulty controlling sexually violent behavior in an outpatient setting due to a mental abnormality or personality disorder that makes the person likely to engage in an act of sexual violence, the court shall revoke the transfer to involuntary outpatient treatment and order the immediate return to involuntary inpatient treatment without a prior hearing. The court may issue a warrant requiring any law enforcement officer or any person authorized by the court to take the person into custody and return the person to involuntary inpatient treatment. The person may file a written request for a hearing after revocation of the transfer to involuntary treatment. The court shall conduct a hearing

pursuant to section 6403(c) (relating to court-ordered involuntary treatment) within ten days of filing of the request.

(f) Annual review and discharge.--

(1) Sixty days prior to the expiration of the one-year outpatient commitment period, the director of the facility or a designee shall submit an evaluation, and the board shall submit an assessment of the person to the court.

(2) The court shall schedule a review hearing which shall be conducted pursuant to section 6403(c) and which shall be held no later than 30 days after receipt of both the evaluation and the assessment under paragraph (1). Notice of the review hearing shall be provided to the person, the attorney who represented the person at the previous hearing held pursuant to section 6403, the district attorney and the county solicitor or a designee. The person and the person's attorney shall also be provided with written notice advising that the person has the right to counsel and that, if the person cannot afford one, counsel shall be appointed for the person. If the court determines by clear and convincing evidence that the person has serious difficulty controlling sexually violent behavior due to a mental abnormality or personality disorder that makes the person likely to engage in an act of sexual violence, the court shall order an additional period of involuntary inpatient treatment of one year; otherwise, the court shall order the discharge of the person and inform the person on the record and in open court of the person's obligation to attend counseling under subsection (g), including the penalty for failing to attend counseling under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements). The order shall be in writing and shall be consistent with the protection of the public safety and appropriate control, care and treatment of the person. Upon discharge, the person shall attend counseling under subsection (g).

(g) Counseling of sexually violent delinquent children.--For the time period under section 9799.15 (relating to period of registration), a sexually violent delinquent child shall attend at least monthly counseling sessions in a program approved by the board and shall be financially responsible for all fees assessed from the counseling sessions. The board shall monitor compliance. If the sexually violent delinquent child can prove to the satisfaction of the court inability to afford to pay for the counseling sessions, the sexually violent delinquent child shall attend the counseling sessions; and the board shall pay the requisite fees. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)

Amendment . Act 91 amended subsec. (g). 2011 Amendment. Act 111 added section 6404.2. 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 6404.2 is referred to in sections 6404, 6404.1, 9799.23 of this title; section 4915.1 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 9718.1 — PA Code / Title 42 / Chapter 97 / Section 9718.1
Sexual offender treatment.
Status: in_force

(a) General rule.--A person, including an offender designated as a "sexually violent predator" as defined in section 9799.12 (relating to definitions) or 9799.53 (relating to definitions), shall attend and participate in a Department of Corrections program of counseling or therapy designed for incarcerated sex offenders if the person is incarcerated in a State institution for any of the following provisions under 18 Pa.C.S. (relating to crimes and offenses):

(1) Any of the offenses enumerated in Chapter 31 (relating to sexual offenses) if the offense involved a minor under 18 years of age.

(1.1) Any of the offenses enumerated under Chapter 30 (relating to human trafficking) if the victim is a minor under 18 years of age and the offense involved sexual servitude.

(2) Section 4304(a)(1) (relating to endangering welfare of children) if the offense involved sexual contact with the victim.

(3) Section 6301(a)(1)(i) (relating to corruption of minors) if the offense involved sexual contact with the victim.

(3.1) Section 6301(a)(1)(ii).

(4) Open lewdness, as defined in section 5901 (relating to open lewdness), if the offense involved a minor under 18 years of age.

(5) Prostitution, as defined in section 5902(b.1) (relating to prostitution and related offenses).

(6) Obscene and other sexual materials and performances, as defined in section 5903 (relating to obscene and other sexual materials and performances), if the offense involved a minor under 18 years of age.

(7) Sexual abuse of children, as defined in section 6312 (relating to sexual abuse of children).

(8) Section 6318 (relating to unlawful contact with minor).

(9) Section 6320 (relating to sexual exploitation of children).

(10) Section 4302(b) (relating to incest).

(11) An attempt, solicitation or conspiracy to commit any of the offenses listed in this subsection.

(b) Eligibility for parole.--For an offender required to participate in the program under subsection (a), all of the following apply:

(1) The offender shall not be eligible for parole unless the offender has:

(i) served the minimum term of imprisonment;

(ii) participated in the program under subsection

(a); and

(iii) agreed to comply with any special conditions of parole imposed for therapy or counseling for sex offenders, including sexually violent predators.

(2) Notwithstanding paragraph (1)(iii), an offender who is a sexually violent predator is subject to section 9799.36 (relating to counseling of sexually violent predators).

(c) Department.--The department shall develop and provide the program of counseling or therapy for offenders as provided in subsection (a). The department shall have the sole discretion with respect to counseling or therapy program contents and administration, including the scheduling of an offender's attendance and participation.

(d) No right of action created.--Notwithstanding any other provision of law to the contrary, this section shall not be construed to confer any legal right upon any individual, including an individual required to participate in the department's programs of counseling or therapy for incarcerated offenders, seeking to:

(1) participate and attend the program provided in subsection (a) at a time of the individual's own choosing;

(2) modify the contents of the program provided in subsection (a);

(3) be paroled; or

(4) file any other cause of action in any court regarding the program provided in subsection (a). (Dec. 20, 2000, P.L.721, No.98, eff. imd.; Nov. 20, 2002, P.L.1104, No.134, eff. 60 days; 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.223, No.45, eff. 60 days) 2021 Amendment. Act 45 amended subsec. (a). 2011 Amendment. Act 111 amended subsecs. (a) intro. par. and (b)(2). 2000 Amendment. Act 98 added section 9718.1. See the preamble and section 3 of Act 98 in the appendix to this title

for special provisions relating to legislative intent and applicability.
42 Pa.C.S. § 8332.4 — PA Code / Title 42 / Chapter 83 / Section 8332.4
Volunteer-in-public-service negligence standard.
Status: in_force

(a) Services covered.--

(1) Except as provided otherwise in this section, no person who, without compensation and as a volunteer, renders

public services for a nonprofit organization under section 501(c)(3), (4) or (6) of the Internal Revenue Code of 1986 (68A Stat. 3, 26 U.S.C. § 501(c)(3), (4) or (6)) or for a Commonwealth or local government agency conducting or sponsoring a public service program or project shall be liable to any person for any civil damages as a result of any acts or omissions in rendering such services unless the conduct of such person falls substantially below the standards generally practiced and accepted in like circumstances by similar persons rendering such services and unless it is shown that such person did an act or omitted the doing of an act which such person was under a recognized duty to another to do, knowing or having reason to know that such act or omission created a substantial risk of actual harm to the person or property of another. It shall be insufficient to impose liability to establish only that the conduct of such person fell below ordinary standards of care.

(2) Except as provided otherwise in this section, no design professional who, without compensation and as a volunteer, provides professional services related to a declared national, State or local emergency caused by a major earthquake, hurricane, tornado, explosion, collapse or other similar disaster or catastrophic event at the request of or with the approval of a Federal, State or local public official, law enforcement official, public safety official or building inspection official acting in an official capacity shall be liable to any person for any civil damages as a result of any acts or omissions in rendering such services unless the conduct of such design professional falls substantially below the standards generally practiced and accepted in like circumstances by similar persons rendering such professional services and unless it is shown that such design professional did an act or omitted the doing of an act which such design professional was under a recognized duty to another to do, knowing or having reason to know that such act or omission created a substantial risk of actual harm to the person or property of another. It shall be insufficient to impose liability to establish only that the conduct of such design professional fell below ordinary standards of care.

(b) Exceptions.--

(1) Nothing in this section shall be construed as affecting or modifying the liability of such person for acts or omissions relating to the transportation of participants in a public service program or project or others to or from a public service program or project.

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

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

(d) Construction.--The negligence standard created by this section shall not be deemed to abrogate or lessen any immunity or other protection against liability granted by statute or court decision.

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

"Compensation." The term shall not include reimbursement for reasonable expenses actually incurred or to be incurred.

"Design professional." An individual licensed by the Commonwealth of Pennsylvania as an architect, geologist, land surveyor, landscape architect or professional engineer.

"Public service program or project." An organized program, or other public service ordinarily conducted or rendered by volunteers. (Dec. 21, 1988, P.L.1862, No.179, eff. 60 days; Oct. 30, 2001, P.L.824, No.81, eff. 60 days) 2001 Amendment. Act 81 amended subsecs. (a) and (e). 1988 Amendment. Act 179 added section 8332.4. Cross References. Section 8332.4 is referred to in section 327 of Title 30 (Fish); section 7217 of Title 35 (Health and Safety).
42 Pa.C.S. § 4123 — PA Code / Title 42 / Chapter 41 / Section 4123
Assignment procedure.
Status: in_force

The procedure for effecting temporary assignments of judges and magisterial district judges, the kind, amount and method of payment for travel, lodgings and subsistence, and all other matters related to such temporary assignments, shall be governed

by general rules established by the Supreme Court except as otherwise specifically provided. (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. § 6802 — PA Code / Title 42 / Chapter 68 / Section 6802
Procedure with respect to seized property subject to liens and rights of lienholders (Repealed).
Status: repealed

2017 Repeal. Section 6802 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
42 Pa.C.S. § 6341 — PA Code / Title 42 / Chapter 63 / Section 6341
Adjudication.
Status: in_force

(a) General rule.--After hearing the evidence on the petition the court shall make and file its findings as to whether the child is a dependent child. If the petition alleges that the child is delinquent, within seven days of hearing the evidence on the petition, the court shall make and file its findings whether the acts ascribed to the child were committed by him. This time limitation may only be extended pursuant to the agreement of the child and the attorney for the Commonwealth. The court's failure to comply with the time limitations stated in this section shall not be grounds for discharging the child or dismissing the proceeding. If the court

finds that the child is not a dependent child or that the allegations of delinquency have not been established it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding. For cases involving allegations of delinquency where fingerprints or photographs or both have been taken by a law enforcement agency and where it is determined that acts ascribed to the child were not committed by him, the court shall direct that those records be immediately destroyed by law enforcement agencies and shall commence expungement proceedings in accordance with 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure.

(b) Finding of delinquency.--If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he is alleged to be delinquent it shall enter such finding on the record and shall specify the particular offenses, including the grading and counts thereof which the child is found to have committed. The court shall then proceed immediately or at a postponed hearing, which shall occur not later than 20 days after such finding if the child is in detention or not more than 60 days after such finding if the child is not in detention, to hear evidence as to whether the child is in need of treatment, supervision or rehabilitation, as established by a preponderance of the evidence, and to make and file its findings thereon. This time limitation may only be extended pursuant to the agreement of the child and the attorney for the Commonwealth. The court's failure to comply with the time limitations stated in this section shall not be grounds for discharging the child or dismissing the proceeding. In the absence of evidence to the contrary, evidence of the commission of acts which constitute a felony shall be sufficient to sustain a finding that the child is in need of treatment, supervision or rehabilitation. If the court finds that the child is not in need of treatment, supervision or rehabilitation it shall dismiss the proceeding, discharge the child from any detention or other restriction theretofore ordered and commence expungement proceedings in accordance with 18 Pa.C.S. § 9123 and the Pennsylvania Rules of Juvenile Court Procedure.

(b.1) School notification.--

(1) Upon finding a child to be a delinquent child, the court shall, through the juvenile probation department, provide the following information to the building principal or his or her designee of any public, private or parochial school in which the child is enrolled:

(i) Name and address of the child.

(ii) The delinquent act or acts which the child was found to have committed.

(iii) A brief description of the delinquent act or acts.

(iv) The disposition of the case.

(2) If the child is adjudicated delinquent for an act or acts which if committed by an adult would be classified as a felony, the court, through the juvenile probation department, shall additionally provide to the building principal or his or her designee relevant information contained in the juvenile probation or treatment reports pertaining to the adjudication, prior delinquent history and the supervision plan of the delinquent child.

(3) Notwithstanding any provision set forth herein, the court or juvenile probation department shall have the authority to share any additional information regarding the delinquent child under its jurisdiction with the building

principal or his or her designee as deemed necessary to protect public safety or to enable appropriate treatment, supervision or rehabilitation of the delinquent child.

(4) Information provided under this subsection is for the limited purposes of protecting school personnel and students from danger from the delinquent child and of arranging appropriate counseling and education for the delinquent child. The building principal or his or her designee shall inform the child's teacher of all information received under this subsection. Information obtained under this subsection may not be used for admissions or disciplinary decisions concerning the delinquent child unless the act or acts surrounding the adjudication took place on or within 1,500 feet of the school property.

(5) Any information provided to and maintained by the building principal or his or her designee under this subsection shall be transferred to the building principal or his or her designee of any public, private or parochial school to which the child transfers enrollment.

(6) Any information provided to the building principal or his or her designee under this subsection shall be maintained separately from the child's official school record. Such information shall be secured and disseminated by the building principal or his or her designee only as appropriate in paragraphs (4) and (5).

(b.2) Evidence on the finding of delinquency.--

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

(2) The provisions of paragraph (1) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.

(c) Finding of dependency.--If the court finds from clear and convincing evidence that the child is dependent, the court shall proceed immediately or at a postponed hearing, which shall occur not later than 20 days after adjudication if the child has been removed from his home, to make a proper disposition of the case.

(c.1) Aggravated circumstances.--If the county agency or the child's attorney alleges the existence of aggravated circumstances and the court determines that the child is dependent, the court shall also determine if aggravated circumstances exist. If the court finds from clear and convincing evidence that aggravated circumstances exist, the court shall determine whether or not reasonable efforts to prevent or eliminate the need for removing the child from the home or to preserve and reunify the family shall be made or continue to be made and schedule a hearing as required in section 6351(e)(3) (relating to disposition of dependent child).

(d) Evidence on issue of disposition.--

(1)

(i) In disposition hearings under subsections (b) and (c) all evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of

its probative value even though not otherwise competent in the hearing on the petition.

(ii) Subparagraph (i) includes any screening and assessment examinations ordered by the court to aid in disposition, even though no statements or admissions made during the course thereof may be admitted into evidence against the child on the issue of whether the child committed a delinquent act.

(2) The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making the reports. Sources of information given in confidence need not be disclosed.

(e) Continued hearings.--On its motion or that of a party the court may continue the hearings under this section for a reasonable period, within the time limitations imposed by this section, to receive reports and other evidence bearing on the disposition or the need for treatment, supervision or rehabilitation. In this event the court shall make an appropriate order for detention of the child or his release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his home before an order of disposition has been made. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.972, No.6, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1115, No.30, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days; June 28, 2018, P.L.361, No.49, eff. 60 days; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days) 2024 Amendment. Act 108 amended subsecs. (a) and (b). 2008 Amendment. Act 109 amended subsec. (d) and added subsec. (b.2). 2000 Amendment. Act 18 amended subsecs. (a), (b) and (e). Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated on or after the effective date of Act 18. 1998 Amendment. Act 126 added subsec. (c.1). 1995 Amendments. Act 6, 1st Sp.Sess., amended subsec. (a) and Act 30, 1st Sp.Sess., added subsec. (b.1). 1978 Amendment. Act 53 amended subsecs. (a), (b) and (c). Cross References. Section 6341 is referred to in sections 6308, 6337.1, 9799.19, 9799.23 of this title; section 6105 of Title 18 (Crimes and Offenses); sections 2512, 6303 of Title 23 (Domestic Relations).
42 Pa.C.S. § 7314 — PA Code / Title 42 / Chapter 73 / Section 7314
Vacating award by court.
Status: in_force

(a) General rule.--

(1) On application of a party, the court shall vacate an award where:

(i) the court would vacate the award under section 7341 (relating to common law arbitration) if this subchapter were not applicable;

(ii) there was evident partiality by an arbitrator appointed as a neutral or corruption or misconduct in any of the arbitrators prejudicing the rights of any party;

(iii) the arbitrators exceeded their powers;

(iv) the arbitrators refused to postpone the hearing upon good cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 7307 (relating to hearing before arbitrators), as to prejudice substantially the rights of a party; or

(v) there was no agreement to arbitrate and the issue of the existence of an agreement to arbitrate was not adversely determined in proceedings under section 7304 (relating to court proceedings to compel or stay arbitration) and the applicant-party raised the issue of the existence of an agreement to arbitrate at the hearing.

(2) The fact that the relief awarded by the arbitrators was such that it could not or would not be granted by a court of law or equity is not a ground for vacating or refusing to confirm the award.

(b) Time limitation.--An application under this section shall be made within 30 days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, misconduct or other improper means, it shall be made within 30 days after such grounds are known or should have been known to the applicant.

(c) Further hearing.--If the court vacates the award on grounds other than stated in subsection (a)(1)(v), the court may order a rehearing before new arbitrators chosen as prescribed in the agreement to arbitrate. Absent a method prescribed in the agreement to arbitrate, the court shall choose new arbitrators in accordance with section 7305 (relating to appointment of arbitrators by court). If the award is vacated on grounds not affecting the competency of the arbitrators under

subsection (a)(1)(i) through (iv), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 7305. The time period within which the agreement requires the original award to be made is applicable to the rehearing and commences from the date of the court order directing a rehearing.

(d) Confirmation of award.--If an application to vacate the award is denied and no application to modify or correct the award is pending, the court shall confirm the award. Cross References. Section 7314 is referred to in sections 7311, 7313 of this title.
42 Pa.C.S. § 1121 — PA Code / Title 42 / Chapter 11 / Section 1121
Philadelphia Municipal Court.
Status: in_force

(a) Organization.--The Philadelphia Municipal Court shall be organized as follows:

(1) The General Division shall consist of 27 judges.

(2) The Traffic Division shall consist of four judges elected to the Traffic Court of Philadelphia prior to the effective date of this paragraph. If a vacancy in the Traffic Division occurs, the vacancy shall not be filled. This paragraph shall expire on the later of:

(i) the date of the ratification by the electorate of an amendment to the Constitution of Pennsylvania abolishing the Philadelphia Traffic Court; or

(ii) the date of the expiration of the longest term of a judge specified in subsection (c)(4).

(b) General Division.--

(1) A judge in the General Division must be an attorney at law.

(2) The salary of a judge in the General Division shall be as set forth in section 2.1(e) and (i) of the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law.

(3) The General Division shall exercise full jurisdiction of the municipal court under section 1123(a) (relating to jurisdiction and venue).

(c) Traffic Division.--

(1) A judge in the Traffic Division must:

(i) be an attorney at law; or

(ii) prior to assuming office, complete a course of training and instruction in the duties of the office and pass an examination.

(2) The salary of a judge in the Traffic Division shall be as set forth in section 2.1(f) and (i) of the Public Official Compensation Law.

(3) The Traffic Division shall, at the direction of the President Judge of the Philadelphia Municipal Court, exercise jurisdiction under section 1123(a)(9).

(4) This subsection shall apply during the terms of all judges of the Philadelphia Traffic Court:

(i) who have been elected prior to January 1, 2014; and

(ii) whose term expires after December 31, 2017.

(5) A judge identified in paragraph (4) shall, until the expiration of the term to which the judge has been elected, serve as a judge in the Traffic Division.

(6) This subsection shall expire on the later of:

(i) the date of the ratification by the electorate of an amendment to the Constitution of Pennsylvania abolishing the Philadelphia Traffic Court; or

(ii) the date of the expiration of the longest term of a judge specified in paragraph (4).

(d) Annual report.--The President Judge of the Philadelphia Municipal Court shall file an annual report with the General Assembly regarding the Traffic Division. The report shall include how funding was allocated for the Traffic Division, the number of cases that came before the Traffic Division and how the cases were resolved by the Traffic Division. (Feb. 14, 1997, P.L.3, No.2; June 19, 2013, P.L.55, No.17, eff. imd.) 1997 Amendment. Section 4 of Act 2 provided that the amendment shall take effect on the first Monday of January 1998. Section 3 of Act 2 provided that the first judges elected to those judgeships created under section 1121 shall be elected at the 1999 municipal election. References in Text. The Traffic Court of Philadelphia, referred to in subsec. (a)(2) and (5), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 1121 is referred to in section 102 of this title.
42 Pa.C.S. § 5987 — PA Code / Title 42 / Chapter 59 / Section 5987
Use of dolls.
Status: in_force

In any criminal proceeding charging physical abuse, indecent contact or any of the offenses enumerated in 18 Pa.C.S. Ch. 31 (relating to sexual offenses), the court shall permit the use of anatomically correct dolls or mannequins to assist a child in testifying on direct examination and cross-examination. (Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
42 Pa.C.S. § 3321 — PA Code / Title 42 / Chapter 33 / Section 3321
Establishment of community courts.
Status: in_force

(a) General rule.--In a judicial district which establishes a community court, a person serving as a magisterial district judge 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 a magisterial district judge shall thereafter be exercised other than by the community court.

(b) Philadelphia.--If a community court is established in the City and County of Philadelphia:

(1) The judges of the Philadelphia Municipal Court shall become judges of the Community Court of Philadelphia County and their tenure shall not be otherwise affected.

(2) The office of judge of the Traffic Court of Philadelphia is abolished effective upon the establishment of the community court.

(3) No jurisdiction of the kind theretofore exercised exclusively by the municipal and traffic courts shall thereafter be exercised other than by the community court. (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. Traffic Court of Philadelphia. Section 22 of Act 142 of 1976 provided that, in the event of the establishment of a community court in the City and County of Philadelphia prior to the expiration of the current term of office of a judge of the Traffic Court of Philadelphia holding office on the effective date of Act 142, the status of such judge shall be determined under subsection (z) of section 16, Schedule to
42 Pa.C.S. § 5912 — PA Code / Title 42 / Chapter 59 / Section 5912
Effect of prior convictions.
Status: in_force

No person shall be deemed incompetent or otherwise disqualified as a witness in any criminal proceeding by reason of the person's having been convicted of perjury or subornation of or solicitation to commit perjury, but such conviction may be shown for the purpose of affecting the person's credibility. (Apr. 22, 1993, P.L.2, No.2, eff. imd.) 1993 Amendment. Section 2 of Act 2 provided that the amendment of section 5912 shall apply to all criminal cases pending on the effective date of Act 2.
42 Pa.C.S. § 5571 — PA Code / Title 42 / Chapter 55 / Section 5571
Appeals generally.
Status: in_force

(a) General rule.--The time for filing an appeal, a petition for allowance of appeal, a petition for permission to appeal or a petition for review of a quasi-judicial order, in the Supreme Court, the Superior Court or the Commonwealth Court shall be governed by general rules. No other provision of this subchapter shall be applicable to matters subject to this subsection.

(b) Other courts.--Except as otherwise provided in subsections (a) and (c) and in section 5571.1 (relating to appeals from ordinances, resolutions, maps, etc.), an appeal from a tribunal or other government unit to a court or from a court to an appellate court must be commenced within 30 days after the entry of the order from which the appeal is taken, in the case of an interlocutory or final order.

(c) Exceptions.--

(1) Election cases.--The time for appeal from an order in any matter arising under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," or any other statute relating to registration or elections shall, if such statutes provide for a lesser time for appeal, be governed by the appropriate provision of such statutes.

(2) Financing cases.--The time for appeal from an order in any matter arising under the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act," or any other statute relating to the incurring of debt by a government unit, shall if such statutes provide for a lesser time for appeal, be governed by the appropriate provision of such statutes.

(3) Probate matters.--The time for appeal from an order of a register of wills under Title 20 (relating to decedents, estates and fiduciaries) shall, if such statute provides a greater time for appeal, be governed by the appropriate provision of such statute.

(4) Execution matters.--The time for appeal from an order of any system or related personnel entered in connection with enforcement of attachments, judgments or similar process or orders shall be governed by general rule.

(5) (Deleted by amendment).

(6) Implied determinations.--When pursuant to law a determination is deemed to have been made by reason of the expiration of a specified period of time after submission of a matter to a tribunal or other government unit or after another prior event, any person affected may treat the expiration of such period as equivalent to the entry of an order for purposes of appeal and any person affected shall so treat the expiration of the period where the person has actual knowledge (other than knowledge of the mere lapse of time) that an implied determination has occurred.

(d) Interlocutory appeals.--A petition for permission to appeal from an interlocutory order must be filed within 30 days after its entry.

(e) Action following grant of permission to appeal.--The period limited by this section is tolled by the filing of a petition for permission to appeal. If the petition is granted further proceedings in the matter, including any time limitations, shall be governed by general rules or rules of court, and not by the provisions of subsections (b) through

(d).

(f) Cross appeals.--An appellee may be permitted by general rules or rules of court to take an appeal within the time limited by rule from an order from which another party has taken a timely appeal, notwithstanding the fact that the time otherwise limited by this section has expired. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. imd.; July 4, 2008, P.L.325, No.40, eff. imd.)

Saved from Suspension. Pennsylvania Rule of Civil Procedure for District Justices No. 1082, as amended April 25, 1979, provided that section 5571(b), (c)(4) and (f) shall not be deemed suspended or affected. Rules 1001 through 1082 relate to appellate proceedings with respect to judgments and other decisions of justices of the peace in civil matters. Act 207 of 2004 changed justices of the peace to magisterial district judges. Rule 1082 can now be found in the Rules of Conduct, Office Standards and Civil Procedure for Magisterial District Judges. References in Text. The act of July 12, 1972, P.L.781, No.185, known as the Local Government Unit Debt Act, referred to in subsec. (c), was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subpart B of Part VIII of Title 53 (Municipalities Generally). Cross References. Section 5571 is referred to in section 7361 of this title; section 2547 of Title 15 (Corporations and Unincorporated Associations); section 8854 of Title 53 (Municipalities Generally).
42 Pa.C.S. § 1725.5 — PA Code / Title 42 / Chapter 17 / Section 1725.5
Booking center fee.
Status: in_force

(a) Imposition.--Following the adoption of a countywide booking center plan, a person may, in addition to any other fines, penalties or costs imposed by law, be required by the court to pay a booking center fund fee of no more than $300 if the person:

(1) Is placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) Receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of a crime under the following:

(i) 18 Pa.C.S. § 106(a) (relating to classes of offenses).

(ii) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).

(iii) 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance).

(iv) A violation of The Controlled Substance, Drug, Device and Cosmetic Act.

(b) Disposition.--The fee under subsection (a) shall be paid to the county and deposited into a special central or regional booking center fund established in the county. Moneys in the special fund shall be used solely for the implementation of a countywide booking center plan under section 1725.6 (relating to countywide booking center plan) and the start-up, operation or maintenance of a booking center.

(c) Other laws.--The booking center fee shall be imposed notwithstanding any other provision of law to the contrary. (Sept. 25, 2008, P.L.1026, No.81, eff. 180 days) 2008 Amendment. Act 81 added section 1725.5. Cross References. Section 1725.5 is referred to in section 1725.6 of this title.
42 Pa.C.S. § 9806 — PA Code / Title 42 / Chapter 98 / Section 9806
County intermediate punishment plan.
Status: in_force

(a) Requirement.--The board may develop a plan for the implementation and operation of intermediate punishment programs in the county. The plan shall provide for all of the following:

(1) An assessment of available countywide correctional services and future needs.

(2) A review of current sentencing procedures and the impact these procedures have on county correctional resources.

(3) A review of current alternatives to pretrial detention and the potential these programs have for affecting the jail population.

(4) A description of the existing resources in the county which can be used as intermediate punishments or services to offenders sentenced to intermediate punishment.

(5) The formulation of policy statements targeted to the needs identified by the county and the impact these policies will have on the use of confinement and intermediate punishment.

(6) The development of goals and objectives which are aimed at effective utilization of existing and projected correctional resources.

(7) The development of an evaluation strategy which measures the qualitative and quantitative performances of all programs.

(b) Technical assistance.--The commission shall provide technical assistance to develop community corrections plans.

(c) Review and approval.--The plan shall be submitted to the commission for review and approval in the format designated by the commission. The commission shall complete its review within 90 days of submission. Failure to disapprove or recommend amendment within 90 days shall constitute approval.

(d) Formal submission.--The plan and any proposed changes thereto shall be submitted on an annual basis. Cross References. Section 9806 is referred to in section 9805 of this title.
42 Pa.C.S. § 9144.1 — PA Code / Title 42 / Chapter 91 / Section 9144.1
Payment of expenses, costs and fees.
Status: in_force

All costs and expenses shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed: Provided, however, That all costs and expenses incurred by a county in extraditing a person who, upon release from a Federal prison, is apprehended on a writ of detainer issued by a state other than Pennsylvania, shall be reimbursed by the Department of Justice. Reimbursable costs and expenses incurred in any extradition proceeding shall include, but not be limited to, apprehending, securing, transmitting and maintaining the prisoner, as well as food, court fees and counsel fees. Any person released from a Federal prison for whom extradition proceedings have been initiated and who is apprehended on a writ of detainer issued by a state other than Pennsylvania, shall be transferred to the Bureau of Correction as soon as possible until such extradition occurs or until he is released by the court. The Commissioner of Correction shall accept such transfer. The Bureau of Correction shall make every effort to be reimbursed for all costs and expenses from the state which is seeking extradition. (July 2, 1980, P.L.335, No.83, eff. imd.) 1980 Amendment. Act 83 added section 9144.1, retroactive to December 2, 1976. References in Text. The Bureau of Correction, referred to in subsecs. (c) and (e), was abolished by the act of December 30, 1984 (P.L.1299, No.245) and is now the Department of Corrections. The Commissioner of Correction, referred to in this section, was abolished by the act of December 30, 1984 (P.L.1299, No.245) and is now the Secretary of Corrections. The Department of Justice, referred to in this section, was reorganized into the Office of Attorney General by the act of October 15, 1980 (P.L.950, No.164).
42 Pa.C.S. § 9799.5 — PA Code / Title 42 / Chapter 97 / Section 9799.5
Exemption from notification (Deleted by amendment).
Status: in_force

2000 Amendment. Section 9799.5 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
42 Pa.C.S. § 7387 — PA Code / Title 42 / Chapter 73 / Section 7387
Correction by arbitrator of unconfirmed award.
Status: in_force

On motion of a party made not later than 20 days after an arbitrator gives notice under section 7385(a) (relating to award), the arbitrator may correct the award:

(1) if the award has an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property;

(2) (Reserved); or

(3) to clarify the award. Cross References. Section 7387 is referred to in sections 7386, 7388, 7389 of this title.
42 Pa.C.S. § 9126 — PA Code / Title 42 / Chapter 91 / Section 9126
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
Status: in_force

(a) Extradition from another state.--When it is desired to have returned to this Commonwealth a person charged in this Commonwealth with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this Commonwealth may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this Commonwealth as soon as the prosecution in this Commonwealth is terminated.

(b) Surrender to another state.--The Governor of this Commonwealth may also surrender on demand of the executive authority of any other state any person in this Commonwealth who is charged, in the manner provided in section 9144 (relating to issuance of requisition), with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
42 Pa.C.S. § 8368.5 — PA Code / Title 42 / Chapter 83 / Section 8368.5
Adjustment of fair market value.
Status: in_force

(a) Annual increase.--Except as provided under subsection

(c), the fair market value of total gross assets of a transferor as determined under section 8368.4 (relating to fair market value) shall increase annually until the earlier of:

(1) The date of the settlement, judgment or other discharge to which the limitations under section 8368.3 (relating to liability) are being applied.

(2) The date on which the adjusted fair market value is first exceeded by the cumulative amounts paid or committed to be paid by or on behalf of a successor business entity or a transferor after the time of merger or consolidation for which the fair market value of total assets is determined for purposes of section 8368.3, in connection with settlements, judgments or other discharges of successor asbestos-related liabilities.

(b) Rate.--Any adjustment under subsection (a) shall be at the rate equal to the prime rate listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation plus 1% not compounded.

(c) Exception.--No adjustment of the fair market value of total gross assets may be applied to any liability insurance as determined under section 8368.4.
42 Pa.C.S. § 9720.7 — PA Code / Title 42 / Chapter 97 / Section 9720.7
Sentencing for burglary.
Status: in_force

The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 3502(a)(1)(i)(relating to burglary). (Nov. 4, 2016, P.L.1194, No.158, eff. 60 days) 2016 Amendment. Act 158 added section 9720.7.
42 Pa.C.S. § 8902 — PA Code / Title 42 / Chapter 89 / Section 8902
Arrest without warrant.
Status: in_force

(a) General rule.--For any of the following offenses, a police officer shall, upon view, have the right of arrest without warrant upon probable cause when there is ongoing conduct that imperils the personal security of any person or endangers public or private property:

(1) Under Title 18 (relating to crimes and offenses) when such offense constitutes a summary offense: 18 Pa.C.S. § 5503 (relating to disorderly conduct). 18 Pa.C.S. § 5505 (relating to public drunkenness). 18 Pa.C.S. § 5507 (relating to obstructing highways and other public passages). 18 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).

(2) Violation of an ordinance of a city of the second class.

(b) Guidelines by governmental body.--The right of arrest without warrant under this section shall be permitted only after the governmental body employing the police officer promulgates guidelines to be followed by a police officer when making a warrantless arrest under this section. (Nov. 17, 1995, 1st Sp.Sess., P.L.1090, No.25, eff. 60 days) 1995 Amendment. Act 25, 1st Sp.Sess., added section 8902.
42 Pa.C.S. § 9912 — PA Code / Title 42 / Chapter 99 / Section 9912
Supervisory relationship to offenders.
Status: in_force

(a) General rule.--Officers are in a supervisory relationship with their offenders. The purpose of this supervision is to assist the offenders in their rehabilitation and reassimilation into the community and to protect the public.

(b) Searches and seizures authorized.--

(1) Officers and, where they are responsible for the supervision of county offenders, State parole agents may search the person and property of offenders in accordance with the provisions of this section.

(2)

(i) Officers may search, in accordance with the provisions of this section, the person and property of any offender who accepts ARD as a result of a charge of a violation of 18 Pa.C.S. Ch. 31 (relating to sexual offenses) if the court has determined that the offender shall be subject to personal and property searches as a condition of the offender's participation in the ARD program.

(ii) The court shall notify each offender so offered ARD, prior to admission to an ARD program, that the offender shall be subject to searches in accordance with this section.

(iii) Nothing in this section shall be construed to permit searches or seizures in violation of the Constitution of the United States or section 8 of Article I of the Constitution of Pennsylvania.

(c) Effect of violation.--No violation of this section shall constitute an independent ground for suppression of evidence in any probation and parole or criminal proceeding.

(d) Grounds for personal search.--

(1) A personal search of an offender may be conducted by an officer:

(i) if there is a reasonable suspicion to believe that the offender possesses contraband or other evidence of violations of the conditions of supervision;

(ii) when an offender is transported or taken into custody; or

(iii) upon an offender entering or leaving the securing enclosure of a correctional institution, jail or detention facility.

(2) A property search may be conducted by an officer if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the offender contains contraband or other evidence of violations of the conditions of supervision.

(3) Prior approval of a supervisor shall be obtained for a property search absent exigent circumstances. No prior approval shall be required for a personal search.

(4) A written report of every property search conducted without prior approval shall be prepared by the officer who conducted the search and filed in the offender's case record. The exigent circumstances shall be stated in the report.

(5) The offender may be detained if he is present during a property search. If the offender is not present during a property search, the officer in charge of the search shall make a reasonable effort to provide the offender with notice of the search, including a list of the items seized, after the search is completed.

(6) The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with such case law, the following factors, where applicable, may be taken into account:

(i) The observations of officers.

(ii) Information provided by others.

(iii) The activities of the offender.

(iv) Information provided by the offender.

(v) The experience of the officers with the offender.

(vi) The experience of officers in similar circumstances.

(vii) The prior criminal and supervisory history of the offender.

(viii) The need to verify compliance with the conditions of supervision.

(e) Nonresident offenders.--No officer shall conduct a personal or property search of an offender who is residing in a foreign state except for the limited purposes permitted under the Interstate Compact for the Supervision of Parolees and Probationers. The offender is held accountable to the rules of both the sending state and the receiving state. Any personal or property search of an offender residing in another state shall be conducted by an officer of the receiving state.

(e.1) Status of seized items.--

(1) Notwithstanding the provisions of Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, to the contrary, all contraband that is seized from an offender shall be considered abandoned and unclaimed, and no property right may exist in it, except as otherwise provided in this section, if the following criteria have been met:

(i) The parolee or probationer from whom the item was seized is no longer under the jurisdiction of the court.

(ii) Two years have elapsed from the date the parolee or probationer was no longer under the jurisdiction of the court under subparagraph (i).

(iii) Notice that the item will be declared abandoned was mailed to the last known address of the parolee or probationer from whom the item was seized at least 60 days prior to the date the item is to be declared abandoned.

(iv) No other claimant of the item has notified the county adult probation and parole department of his claim or is known to the county adult probation and parole department.

(v) The item has not been forfeited in accordance with any forfeiture statute, including, but not limited to, Chapter 68 (relating to forfeitures) and as permitted by Pennsylvania common law.

(2) Contraband seized under this section may not be subject to replevin, but shall be deemed to be in the custody of the county adult probation and parole department. The county adult probation and parole department shall tag and secure the contraband at a place designated by it for such time as is necessary to secure its use as evidence in a violation, revocation or criminal proceeding. In no event may the county adult probation and parole department retain the property for a period of less than 180 days after the hearing conducted under paragraph (3).

(3)

(i) No later than the time of the first-level hearing to determine whether probable cause exists to believe that a violation of probation, parole or intermediate punishment has been committed, the county adult probation and parole department shall provide notice to the offender that abandonment will be sought if the offender does not claim the seized contraband within two years after sentence completion.

(ii) If the hearing is waived or there is a new criminal charge arising from the incident that included the seizure of the contraband, then notice under this paragraph shall be given at least five days before an abandonment hearing is held and the hearing shall be scheduled by the county adult probation and parole department within a reasonable time.

(4) If it has been determined that property is contraband that shall be declared abandoned, the contraband shall be retained by the county adult probation and parole department until all appeal periods are exhausted to provide an opportunity for any additional parties to assert a claim of ownership or lienhold interest in the contraband. If the county adult probation and parole department receives notice of such a claim, the claimant or claimants shall be provided a hearing pursuant to paragraph (3).

(5)

(i) Whenever contraband is declared abandoned under this subchapter, the contraband shall be transferred to the custodial care of the county adult probation and parole department. After the expiration of the necessary time period specified in this section, the county adult probation and parole department shall itemize all such abandoned contraband within its custodial care in a report to the Treasury Department.

(ii) Within 10 business days following receipt of an itemized contraband report from a county adult probation and parole department, the Treasury Department shall provide an itemized list of all such abandoned contraband that it will not accept into its custodial care.

(iii) All abandoned contraband not accepted by the Treasury Department pursuant to this section shall remain under the custodial control of the county adult probation and parole department. Abandoned contraband not otherwise refused by the Treasury Department shall be transferred to the custodial control of the Treasury Department as directed by the Treasury Department.

(6) All abandoned contraband refused by the Treasury Department and remaining under the custodial control of the county adult probation and parole department shall be deemed

property of the county department and title to the property shall transfer. Thereafter, the county probation and parole department shall be entitled to any or all of the following:

(i) Retain the contraband for official use.

(ii) Destroy the contraband.

(iii) Donate the contraband to a nonprofit organization or governmental entity.

(iv) Sell any contraband that is not required to be destroyed by law.

(v) If the item is of de minimis value, as determined by the county adult probation and parole department, dispose of the item, without sale.

(7) The county treasurer of each county shall establish and administer a community correction forfeiture fund consisting of all cash or proceeds obtained under this section. The county treasurer shall disburse money from this fund only at the discretion of the president judge of the court of common pleas, subject to paragraph (8).

(8) Cash or proceeds generated by the sale of any abandoned contraband shall first be made available to satisfy any restitution owed by the offender to crime victims who are known at the time of the seizure by the Pennsylvania Commission on Crime and Delinquency's Office of Victim Services or by the courts of the Commonwealth where the offender was sentenced.

(9) The county adult probation and parole department and its employees shall be immune from liability for good faith conduct under this section.

(10) The Department of Corrections may enact regulations that are necessary to implement this subsection on a uniform basis throughout this Commonwealth. If regulations are promulgated, a county adult probation and parole department must comply with the regulations.

(11) The provisions set forth in this subsection shall apply to all contraband seized after the effective date of this subsection.

(12) Contraband seized prior to the effective date of this subsection may be disposed of in the manner set forth in paragraph (5) after notice is given to the offender from whom it was seized and any claimant known to the county adult probation and parole department. The county adult probation and parole department shall provide the notice within a reasonable time prior to holding a hearing at which abandonment shall be determined.

(13)

(i) An appeal of an abandonment determination may be made by filing an appeal with the court of common pleas. The appeal must be received by the court of common pleas within 30 days of the mailing date of the county adult probation and parole department's order.

(ii) When a timely appeal of an abandonment determination has been filed, the abandonment may not be deemed final for purpose of appeal to a court until the court has mailed its decision on the appeal.

(iii) The scope of review of an appeal shall be limited to whether the decision is supported by substantial evidence, an error of law has been committed or there has been a violation of constitutional law.

(iv) The failure of an appeal to present with accuracy, brevity, clearness and specificity whatever is essential to a ready and adequate understanding of the factual and legal points requiring consideration shall be a sufficient reason for denying the appeal.

(v) A second or subsequent appeal and an appeal that is untimely filed under this paragraph shall not be received.

(vi) The procedure for appeal contained in this subsection may not be construed to alter or replace any procedures provided by law for the timely filing of appeals to appellate courts.

(14) The county adult probation and parole department shall annually post a report specifying the abandoned property or proceeds of the abandoned property obtained under this section on the county's publicly accessible Internet website and make the report available as a public document. The report shall give an accounting of all proceeds derived from the sale of abandoned property and the use made of unsold abandoned property.

(f) When authority is effective.--The authority granted to the officers under this section shall be effective upon enactment of this section, without the necessity of any further regulation by the board. (July 20, 2016, P.L.833, No.96, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (e.1)(10). 2016 Amendment. Act 96 added subsec. (e.1). Cross References. Section 9912 is referred to in section 9911 of this title.
42 Pa.C.S. § 2391 — PA Code / Title 42 / Chapter 23 / Section 2391
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Unified Judicial System Transferred County-Level Administrator Leave Benefit Act.
42 Pa.C.S. § 4532 — PA Code / Title 42 / Chapter 45 / Section 4532
Summoning persons to serve as jurors.
Status: in_force

Persons who have been selected for service as jurors shall be summoned to serve in a manner determined by the jury selection commission with the concurrence of the president judge. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) Renumbering. Section 4532 was renumbered from 4542 pursuant to section 216(a)(1) of the act of October 5, 1980 (P.L.693, No.142).
42 Pa.C.S. § 4122 — PA Code / Title 42 / Chapter 41 / Section 4122
Assignment of magisterial district judges.
Status: in_force

(a) General rule.--Subject to general rules any magisterial district judge may be temporarily assigned to any other magisterial district or the Pittsburgh Magistrates Court or the Traffic Court of Philadelphia, and may there hear and determine any matter with like effect as if duly commissioned to sit in such other district or in such court.

(b) Senior magisterial district judges.--A senior magisterial district judge who shall not have been defeated for reelection or been suspended or removed from office may, with the senior magisterial district judge's consent, be assigned on temporary magisterial service pursuant to subsection (a). A senior magisterial district judge shall be paid a per diem salary at the same annual rate as is applicable in the district where the senior magisterial district judge is temporarily assigned and shall receive expenses at the same per diem rate as other magisterial district judges temporarily assigned.

(c) Additional compensation.--A magisterial district judge, assigned by the president judge of the court of common pleas to perform additional duties for a district other than the one in which the magisterial district judge is elected, shall be entitled to receive additional compensation of $20 per day when the magisterial district judge performs assigned duties, except that no additional compensation shall be allowed for routine duties scheduled by the president judge of the court of common pleas. Any assignment, compensable under this subsection, for which the per diem exceeds $100 a calendar month shall be approved by the Court Administrator of Pennsylvania. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 20, 1979, P.L.157, No.52, eff. 60 days; July 10, 1984, P.L.708, No.150, eff. imd.; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. References in Text. The Traffic Court of Philadelphia, referred to subsec. (a), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 4122 is referred to in sections 102, 4121 of this title.
42 Pa.C.S. § 7321.1 — PA Code / Title 42 / Chapter 73 / Section 7321.1
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Revised Statutory Arbitration Act.
42 Pa.C.S. § 5102 — PA Code / Title 42 / Chapter 51 / Section 5102
Place and form of filing applications for relief.
Status: in_force

Applications for relief to any court under section 5101 (relating to remedy to exist for legal injury) or under any other provision of law, or documents relating to a matter before a magisterial district judge, shall be filed in such office and in such form as may be prescribed by general rule or rule of court. (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. § 5961 — PA Code / Title 42 / Chapter 59 / Section 5961
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings."
42 Pa.C.S. § 7321.28 — PA Code / Title 42 / Chapter 73 / Section 7321.28
Venue.
Status: in_force

A motion under section 7321.6 (relating to application for judicial relief) must be made in the court of the county in which the agreement to arbitrate or section 7321.16(f) (relating to arbitration process) specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which the hearing was held. Otherwise, the motion may be made in the court of the county in this Commonwealth as provided by the Pennsylvania Rules of Civil Procedure. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs. Cross References. Section 7321.28 is referred to in sections 7321.8, 7342 of this title.
42 Pa.C.S. § 5945.1 — PA Code / Title 42 / Chapter 59 / Section 5945.1
Confidential communications with sexual assault counselors.
Status: in_force

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

"Confidential communication." All information, oral or written, transmitted between a victim of sexual assault and a sexual assault counselor in the course of their relationship, including, but not limited to, any advice, reports, statistical data, memoranda, working papers, records or the like, given or made during that relationship, including matters transmitted between the sexual assault counselor and the victim through the use of an interpreter.

"Coparticipant." A victim participating in group counseling.

"Interpreter." A person who translates communications between a sexual assault counselor and a victim through the use of sign language, visual, oral or written translation.

"Rape crisis center." Any office, institution or center offering assistance to victims of sexual assault and their families through crisis intervention, medical and legal accompaniment and follow-up counseling.

"Sexual assault counselor." A person who is engaged in any office, institution or center defined as a rape crisis center under this section, who has undergone 40 hours of sexual assault training and is under the control of a direct services supervisor of a rape crisis center, whose primary purpose is the rendering of advice, counseling or assistance to victims of sexual assault.

"Victim." A person who consults a sexual assault counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused or reasonably believed to be caused by a sexual assault. The term shall also include those persons who have a significant relationship with a victim of sexual assault and who seek advice, counseling or assistance from a sexual assault counselor concerning a mental, physical or emotional condition caused or reasonably believed to be caused by a sexual assault of a victim.

(b) Privilege.--

(1) No sexual assault counselor or an interpreter translating the communication between a sexual assault counselor and a victim may, without the written consent of the victim, disclose the victim's confidential oral or written communications to the counselor nor consent to be examined in any court or criminal proceeding.

(2) No coparticipant who is present during counseling may disclose a victim's confidential communication made during the counseling session nor consent to be examined in any civil or criminal proceeding without the written consent of the victim. (Dec. 23, 1981, P.L.585, No.169, eff. 60 days; Dec. 17, 1990, P.L.737, No.183, eff. imd.; Dec. 20, 2000, P.L.742, No.105, eff. 60 days) Cross References. Section 5945.1 is referred to in sections 4415, 4436, 5945.3, 62A03 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 5522 — PA Code / Title 42 / Chapter 55 / Section 5522
Six months limitation.
Status: in_force

(a) Notice prerequisite to action against government unit.--

(1) Within six months from the date that any injury was sustained or any cause of action accrued, any person who is about to commence any civil action or proceeding within this Commonwealth or elsewhere against a government unit for damages on account of any injury to his person or property under Chapter 85 (relating to matters affecting government units) or otherwise shall file in the office of the government unit, and if the action is against a Commonwealth agency for damages, then also file in the office of the Attorney General, a statement in writing, signed by or in his behalf, setting forth:

(i) The name and residence address of the person to whom the cause of action has accrued.

(ii) The name and residence address of the person injured.

(iii) The date and hour of the accident.

(iv) The approximate location where the accident occurred.

(v) The name and residence or office address of any attending physician.

(2) If the statement provided for by this subsection is not filed, any civil action or proceeding commenced against the government unit more than six months after the date of injury to person or property shall be dismissed and the person to whom any such cause of action accrued for any injury to person or property shall be forever barred from proceeding further thereon within this Commonwealth or elsewhere. The court shall excuse failure to comply with this requirement upon a showing of reasonable excuse for failure to file such statement.

(3) In the case of a civil action or proceeding against a government unit other than the Commonwealth government:

(i) The time for giving such written notice does not include the time during which an individual injured is unable, due to incapacitation or disability from the injury, to give notice, not exceeding 90 days of incapacity.

(ii) If the injuries to an individual result in death, the time for giving notice shall commence with such death.

(iii) Failure to comply with this subsection shall not be a bar if the government unit had actual or constructive notice of the incident or condition giving rise to the claim of a person.

(b) Commencement of action required.--The following actions and proceedings must be commenced within six months:

(1) An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this subchapter.

(2) A petition for the establishment of a deficiency judgment following execution and delivery of the sheriff's deed for the property sold in connection with the execution proceedings referenced in the provisions of section 8103(a) (relating to deficiency judgments).

(3) (Repealed).

(4) An action under section 4563(c) (relating to civil remedy available).

(5) An action or proceeding to set aside a judicial sale of property.

(6) A petition for redetermination of fair market value pursuant to section 8103(f.1)(4) following execution and delivery of the sheriff's deed for the property sold in connection with the execution proceedings referenced under section 8103.

(c) Exception.--This section shall not apply to any civil action or proceeding brought under section 8522(b)(10) (relating to exceptions to sovereign immunity) or 8542(b)(9) (relating to exceptions to governmental immunity). (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; July 9, 1992, P.L.507, No.97, eff. one year; Dec. 21, 1998, P.L.1082, No.144, eff. imd.; Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Mar. 14, 2014, P.L.46, No.20, eff. imd.; Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment. Act 87 added subsec. (c). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. 2014 Amendment. Act 20 reenacted subsec. (b)(2) and (6), retroactive to January 24, 2005. 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. 1992 Repeal. Act 97 repealed subsec. (b)(3). 1982 Amendment. Act 326 amended subsecs. (a)(2) and (b). Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326. 1980 Amendment. Act 142 added present section 5522 and repealed former section 5522 relating to the same subject matter. Section 221(i)(2) of Act 142 provided that, notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of paragraph (1) to restore 42 Pa.C.S. § 5522 to its status prior to the repeal effected by section 802(b) of the act of November 26, 1978, P.L.1399, No.330, known as the Political Subdivision Tort Claims Act, except as otherwise expressly provided by such section as reenacted and amended hereby. Cross References. Section 5522 is referred to in section 8103 of this title.
42 Pa.C.S. § 8952 — PA Code / Title 42 / Chapter 89 / Section 8952
Primary municipal police jurisdiction.
Status: in_force

Any duly employed municipal police officer shall have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office anywhere within his primary jurisdiction as to:

(1) Any offense which the officer views or otherwise has probable cause to believe was committed within his jurisdiction.

(2) Any other event that occurs within his primary jurisdiction and which reasonably requires action on the part of the police in order to preserve, protect or defend persons or property or to otherwise maintain the peace and dignity of this Commonwealth. Cross References. Section 8952 is referred to in section 12005 of Title 11 (Cities).
42 Pa.C.S. § 9799.26 — PA Code / Title 42 / Chapter 97 / Section 9799.26
Victim notification.
Status: in_force

(a) Duty to inform victim.--

(1) If an individual is determined to be a sexually violent predator or a sexually violent delinquent child, the municipal police department or the Pennsylvania State Police, if no municipal police jurisdiction exists, shall give written notice to the victim when the sexually violent predator or the sexually violent delinquent child registers initially under section 9799.19 (relating to initial registration) or under section 9799.15(g)(2), (3) or (4) (relating to period of registration). The notice shall be given within 72 hours after the sexually violent predator or the sexually violent delinquent child registers or notifies the Pennsylvania State Police of current information under section 9799.15(g). The notice shall contain the following information about the sexually violent predator or sexually violent delinquent child:

(i) Name.

(ii) Residence. This subparagraph includes whether the sexually violent predator or sexually violent delinquent child is a transient, in which case the notice shall contain information about the transient's temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. In addition, the notice shall contain a list of places the transient eats, frequents and engages in leisure activities.

(iii) The address of employment.

(iv) The address where the sexually violent predator or sexually violent delinquent child is enrolled as a student.

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

(b) Individual not determined to be sexually violent predator or sexually violent delinquent child.--If an individual is not determined to be a sexually violent predator or a sexually violent delinquent child, the victim shall be notified in accordance with section 201 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(c) Electronic notification option.--In addition to subsections (a) and (b), the Pennsylvania State Police shall develop and implement a system that allows a victim to receive electronic notification instead of the notification in subsections (a) and (b) when a sexual offender provides current

information to the Pennsylvania State Police under subsection

(a).

(d) Alternate means of notifying victims.--

(1) The Pennsylvania State Police may enter into a memorandum of understanding with the Office of Victim Advocate to assist the Pennsylvania State Police in notifying victims and providing the information under subsection (a). In addition, the memorandum of understanding may also include the Office of Victim Advocate's notifying a victim of relief granted to a petitioner under section 9799.15(a.2). The memorandum of understanding must state the manner and method of notifying victims and the duties of the Pennsylvania State Police and the Office of Victim Advocate under this section and section 9799.15(a.2). A memorandum of understanding entered into under this subsection shall be valid for no more than 10 years. There shall be no limit to the number of memoranda of understanding which may be executed by the Pennsylvania State Police and the Office of Victim Advocate under this subsection.

(2) As used in this subsection, the term "Office of Victim Advocate" shall mean the office established under section 301 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2021 Unconstitutionality. Section 9799.26 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.26 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended subsec. (a)(1) and added subsec. (d) and Act 29 reenacted subsecs. (a)(1) and (d). Section 20(1) of Act 10 provided that the amendment of section 9799.26 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment . Act 91 amended subsec. (a)(1)(ii) and carried without amendment subsec. (a)(1)(i). 2011 Amendment. Act 111 added section 9799.26. Cross References. Section 9799.26 is referred to in section 9799.15 of this title.
42 Pa.C.S. § 6351 — PA Code / Title 42 / Chapter 63 / Section 6351
Disposition of dependent child.
Status: in_force

(a) General rule.--If the child is found to be a dependent child the court may make any of the following orders of disposition best suited to the safety, protection and physical, mental, and moral welfare of the child:

(1) Permit the child to remain with his parents, guardian, or other custodian, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child.

(2) Subject to conditions and limitations as the court prescribes transfer temporary legal custody to any of the following:

(i) Any individual resident within or without this Commonwealth, including any relative, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child.

(ii) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child.

(iii) A public agency authorized by law to receive and provide care for the child.

(2.1) Subject to conditions and limitations as the court prescribes, transfer permanent legal custody to an individual resident in or outside this Commonwealth, including any relative, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child. A court order under this paragraph may set forth the temporary visitation rights of the parents. The court shall refer issues related to support and continuing visitation by the parent to the section of the court of common pleas that regularly determines support and visitation.

(3) Without making any of the foregoing orders transfer custody of the child to the juvenile court of another state if authorized by and in accordance with section 6363 (relating to ordering foreign supervision).

(b) Required preplacement findings.--Prior to entering any order of disposition under subsection (a) that would remove a dependent child from his home, the court shall enter findings on the record or in the order of court as follows:

(1) that continuation of the child in his home would be contrary to the welfare, safety or health of the child; and

(2) whether reasonable efforts were made prior to the placement of the child to prevent or eliminate the need for removal of the child from his home, if the child has remained in his home pending such disposition; or

(3) if preventive services were not offered due to the necessity for an emergency placement, whether such lack of services was reasonable under the circumstances; or

(4) if the court has previously determined pursuant to section 6332 (relating to informal hearing) that reasonable efforts were not made to prevent the initial removal of the child from his home, whether reasonable efforts are under way to make it possible for the child to return home; and

(5) if the child has a sibling who is subject to removal from his home, whether reasonable efforts were made prior to the placement of the child to place the siblings together

or whether such joint placement is contrary to the safety or well-being of the child or sibling. The court shall not enter findings under paragraph (2), (3) or

(4) if the court previously determined that aggravated circumstances exist and no new or additional reasonable efforts to prevent or eliminate the need for removing the child from the home or to preserve and reunify the family are required.

(b.1) Visitation for child and sibling.--If a sibling of a child has been removed from his home and is in a different placement setting than the child, the court shall enter an order that ensures visitation between the child and the child's sibling no less than twice a month, unless a finding is made that visitation is contrary to the safety or well-being of the child or sibling.

(c) Limitation on confinement.--Unless a child found to be dependent is found also to be delinquent he shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children.

(d) County programs.--Every county of this Commonwealth shall develop programs for children under paragraph (5) or (6) of the definition of "dependent child" in section 6302 (relating to definitions).

(e) Permanency hearings.--

(1) The court shall conduct a permanency hearing for the purpose of determining or reviewing the permanency plan of the child, the date by which the goal of permanency for the child might be achieved and whether placement continues to be best suited to the safety, protection and physical, mental and moral welfare of the child. In any permanency hearing held with respect to the child, the court shall consult with the child regarding the child's permanency plan, including the child's desired permanency goal, in a manner appropriate to the child's age and maturity. If the court does not consult personally with the child, the court shall ensure that the views of the child regarding the permanency plan have been ascertained to the fullest extent possible and communicated to the court by the guardian ad litem under section 6311 (relating to guardian ad litem for child in court proceedings) or, as appropriate to the circumstances of the case by the child's counsel, the court-appointed special advocate or other person as designated by the court.

(2) If the county agency or the child's attorney alleges the existence of aggravated circumstances and the court determines that the child has been adjudicated dependent, the court shall then determine if aggravated circumstances exist. If the court finds from clear and convincing evidence that aggravated circumstances exist, the court shall determine whether or not reasonable efforts to prevent or eliminate the need for removing the child from the child's parent, guardian or custodian or to preserve and reunify the family shall be made or continue to be made and schedule a hearing as provided in paragraph (3).

(3) The court shall conduct permanency hearings as follows:

(i) Within six months of:

(A) the date of the child's removal from the child's parent, guardian or custodian for placement under section 6324 (relating to taking into custody) or 6332 or pursuant to a transfer of temporary legal custody or other disposition under subsection (a)(2), whichever is the earliest; or

(B) each previous permanency hearing until the child is returned to the child's parent, guardian or custodian or removed from the jurisdiction of the court.

(ii) Within 30 days of:

(A) an adjudication of dependency at which the court determined that aggravated circumstances exist and that reasonable efforts to prevent or eliminate the need to remove the child from the child's parent, guardian or custodian or to preserve and reunify the family need not be made or continue to be made;

(B) a permanency hearing at which the court determined that aggravated circumstances exist and that reasonable efforts to prevent or eliminate the need to remove the child from the child's parent, guardian or custodian or to preserve and reunify the family need not be made or continue to be made and the permanency plan for the child is incomplete or inconsistent with the court's determination;

(C) an allegation that aggravated circumstances exist regarding a child who has been adjudicated dependent, filed under section 6334(b) (relating to petition); or

(D) a petition alleging that the hearing is necessary to protect the safety or physical, mental or moral welfare of a dependent child.

(iii) If the court resumes jurisdiction of the child pursuant to subsection (j), permanency hearings shall be scheduled in accordance with applicable law until court jurisdiction is terminated, but no later than when the child attains 21 years of age.

(f) Matters to be determined at permanency hearing.--At each permanency hearing, a court shall determine all of the following:

(1) The continuing necessity for and appropriateness of the placement.

(2) The appropriateness, feasibility and extent of compliance with the permanency plan developed for the child.

(3) The extent of progress made toward alleviating the circumstances which necessitated the original placement.

(4) The appropriateness and feasibility of the current placement goal for the child.

(5) The likely date by which the placement goal for the child might be achieved.

(5.1) Whether reasonable efforts were made to finalize the permanency plan in effect.

(6) Whether the child is safe.

(7) If the child has been placed outside the Commonwealth, whether the placement continues to be best suited to the safety, protection and physical, mental and moral welfare of the child.

(8) The services needed to assist a child who is 14 years of age or older to make the transition to successful adulthood and whether the services are being provided as required under 67 Pa.C.S. § 7505 (relating to transition plan and services).

(8.1) Whether the child continues to meet the definition of "child" and has requested that the court continue jurisdiction pursuant to section 6302 if the child is between 18 and 21 years of age.

(8.2) If the child is 18 years of age or older, whether a suitable transition plan has been presented in accordance

with section 475 of the Social Security Act (49 Stat. 620, 42 U.S.C. § 675(5)(H)) and 67 Pa.C.S. § 7505.

(9) If the child has been in placement for at least 15 of the last 22 months or the court has determined that aggravated circumstances exist and that reasonable efforts to prevent or eliminate the need to remove the child from the child's parent, guardian or custodian or to preserve and reunify the family need not be made or continue to be made, whether the county agency has filed or sought to join a petition to terminate parental rights and to identify, recruit, process and approve a qualified family to adopt the child unless:

(i) the child is being cared for by a relative best suited to the physical, mental and moral welfare of the child;

(ii) the county agency has documented a compelling reason for determining that filing a petition to terminate parental rights would not serve the needs and welfare of the child; or

(iii) the child's family has not been provided with necessary services to achieve the safe return to the child's parent, guardian or custodian within the time frames set forth in the permanency plan.

(10) If a sibling of a child has been removed from his home and is in a different placement setting than the child, whether reasonable efforts have been made to place the child and the sibling of the child together or whether such joint placement is contrary to the safety or well-being of the child or sibling.

(11) If the child has a sibling, whether visitation of the child with that sibling is occurring no less than twice a month, unless a finding is made that visitation is contrary to the safety or well-being of the child or sibling.

(12) If the child has been placed with a caregiver, whether the child is being provided with regular, ongoing opportunities to participate in age-appropriate or developmentally appropriate activities. In order to make the determination under this paragraph, the county agency shall document the steps it has taken to ensure that:

(i) the caregiver is following the reasonable and prudent parent standard; and

(ii) the child has regular, ongoing opportunities to engage in age-appropriate or developmentally appropriate activities. The county agency shall consult with the child regarding opportunities to engage in such activities. For children placed in foster care on or before November 19, 1997, the county agency shall file or join a petition for termination of parental rights under this subsection in accordance with section 103(c)(2) of the Adoption and Safe Families Act of 1997 (Public Law 105-89, 111 Stat. 2119).

(f.1) Additional determination.--Based upon the determinations made under subsection (f) and all relevant evidence presented at the hearing, the court shall determine one of the following:

(1) If and when the child will be returned to the child's parent, guardian or custodian in cases where the return of the child is best suited to the safety, protection and physical, mental and moral welfare of the child.

(2) If and when the child will be placed for adoption, and the county agency will file for termination of parental rights in cases where return to the child's parent, guardian

or custodian is not best suited to the safety, protection and physical, mental and moral welfare of the child.

(3) If and when the child will be placed with a legal custodian in cases where the return to the child's parent, guardian or custodian or being placed for adoption is not best suited to the safety, protection and physical, mental and moral welfare of the child.

(4) If and when the child will be placed with a fit and willing relative in cases where return to the child's parent, guardian or custodian, being placed for adoption or being placed with a legal custodian is not best suited to the safety, protection and physical, mental and moral welfare of the child.

(5) If and when the child will be placed in another planned permanent living arrangement which is approved by the court, the following shall apply:

(i) The child must be 18 years of age or older.

(ii) The county agency shall identify at least two significant connections with supportive adults willing to be involved in the child's life as the child transitions to adulthood, or document that efforts have been made to identify supportive adults.

(iii) The county agency shall document:

(A) A compelling reason that it would not be best suited to the safety, protection and physical, mental and moral welfare of the child to be returned to the child's parent, guardian or custodian, to be placed for adoption, to be placed with a legal custodian or to be placed with a fit and willing relative.

(B) Its intensive, ongoing and, as of the date of the hearing, unsuccessful efforts to return the child to the child's parent, guardian or custodian or to be placed for adoption, to be placed with a legal custodian or to be placed with a fit and willing relative.

(C) Its efforts to utilize search technology to find biological family members for the child.

(iv) The court shall:

(A) Ask the child about the desired permanency goal for the child.

(B) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child.

(C) Provide compelling reasons why it continues not to be in the best interests of the child to return to the child's parent, guardian or custodian, be placed for adoption, be placed with a legal custodian or be placed with a fit and willing relative.

(D) Make findings that the significant connections are identified in the permanency plan or that efforts have been made to identify at least two connections with supportive adults, if no one is currently identified.

(E) Identify the specific planned permanent living arrangement that the court is approving.

(f.2) Evidence.--Evidence of conduct by the parent that places the health, safety or welfare of the child at risk, including evidence of the use of alcohol or a controlled substance that places the health, safety or welfare of the

child at risk, shall be presented to the court by the county agency or any other party at any disposition or permanency hearing whether or not the conduct was the basis for the determination of dependency.

(g) Court order.--On the basis of the determination made under subsection (f.1), the court shall order the continuation, modification or termination of placement or other disposition which is best suited to the safety, protection and physical, mental and moral welfare of the child.

(h) Certain hearings discretionary.--(Deleted by amendment).

(i) Assignment to orphans' court.--A judge who adjudicated the child dependent or who has conducted permanency hearings or other dependency proceedings involving the child may be assigned to the orphans' court division for the purpose of hearing proceedings relating to any of the following:

(1) Involuntary termination of parental rights of a parent of the dependent child under 23 Pa.C.S. Ch. 25 Subch. B (relating to involuntary termination).

(2) A petition to adopt the dependent child.

(j) Resumption of jurisdiction.--At any time prior to a child reaching 21 years of age, a child may request the court to resume dependency jurisdiction if:

(1) the child continues to meet the definition of "child" pursuant to section 6302; and

(2) dependency jurisdiction was terminated:

(i) within 90 days prior to the child's 18th birthday; or

(ii) on or after the child's 18th birthday, but before the child turns 21 years of age. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1986, P.L.1598, No.177, eff. 60 days; July 11, 1996, P.L.607, No.104, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 18, 2007, P.L.484, No.76, eff. Jan. 1, 2008; Nov. 23, 2010, P.L.1140, No.115, eff. 60 days; July 5, 2012, P.L.880, No.91, eff. imd.; Dec. 28, 2015, P.L.559, No.94, eff. Jan. 1, 2016; Nov. 3, 2022, P.L.1765, No.118, eff. 60 days) 2022 Amendment. Act 118 amended subsecs. (f)(8) and (8.2) and (f.1)(5)(i), (ii) and (iv). 2015 Amendment. Act 94 amended subsecs. (e)(1), (f)(8) and

(f.1)(5) and added par. (f)(12). See section 30 of Act 94 of 2015 in the appendix to this title for special provisions relating to duties of Department of Human Services.

Amendment . Act 91 added subsecs. (e)(3)(iii),

(f)(8.1) and (8.2) and (j). 2010 Amendment. Act 115 amended subsec. (b) and added subsecs. (b.1) and (f)(10) and (11). Care of Dependent Children. Section 31 of Act 53 of 1978 limits the liability of counties for costs of operating new shelter care programs for dependent children classified under paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302. Suspension by Court Rule. Section 6351(e)(3)(i)(B) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(12), amended September 16, 2009, insofar as it is inconsistent with Rule 1607 relating to regular scheduling of permanency hearings. Cross References. Section 6351 is referred to in sections 6336.1, 6341, 6351.1, 6352, 6352.1, 6357 of this title; section 5324 of Title 23 (Domestic Relations); sections 7502, 7504, 7505 of Title 67 (Public Welfare).
42 Pa.C.S. § 8332.3 — PA Code / Title 42 / Chapter 83 / Section 8332.3
Volunteer firefighter civil immunity.
Status: in_force

Volunteer firefighters shall be treated as public employees as defined in section 8501 (relating to definitions). This section shall not be construed to reduce or eliminate any other immunity provided to volunteer firefighters by law. (Dec. 15, 1986, P.L.1598, No.177, eff. 60 days) 1986 Amendment. Act 177 added section 8332.3.
42 Pa.C.S. § 6335 — PA Code / Title 42 / Chapter 63 / Section 6335
Release or holding of hearing.
Status: in_force

(a) General rule.--After the petition has been filed alleging the child to be dependent or delinquent, the court shall fix a time for hearing thereon, which, if the child is in detention or shelter care shall not be later than ten days after the filing of the petition. Except as provided in subsection (f), if the hearing is not held within such time, the child shall be immediately released from detention or shelter care. A child may be detained or kept in shelter care for an additional single period not to exceed ten days where:

(1) the court determines at a hearing that:

(i) evidence material to the case is unavailable;

(ii) due diligence to obtain such evidence has been exercised; and

(iii) there are reasonable grounds to believe that such evidence will be available at a later date; and

(2) the court finds by clear and convincing evidence that:

(i) the life of the child would be in danger;

(ii) the community would be exposed to a specific danger; or

(iii) the child will abscond or be removed from the jurisdiction of the court. The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons as appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he is 14 or more years of age or is alleged to be a delinquent. A copy of the petition shall accompany the summons.

(b) Personal appearance.--The court may endorse upon the summons an order:

(1) Directing the parents, guardian, or other custodian of the child to appear personally at the hearing.

(2) Directing the person having the physical custody or control of the child to bring the child to the hearing.

(c) Warrant of arrest.--If it appears from affidavit filed or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering his health or welfare or those of others, or that he may abscond or be removed from the jurisdiction of the court or will not be brought before the court notwithstanding the service of the summons, the court may issue a warrant of arrest.

(d) Form.--A summons and warrant of arrest shall be in such form and shall be served as prescribed by general rules.

(e) Waiver of service.--A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, his counsel, with the consent of the parent, guardian, or other custodian, or guardian ad litem, may waive service of summons in his behalf.

(f) Limitations on release.--The child shall not be released from detention or shelter care under authority of subsection

(a) if the failure to hold a hearing within ten days after the filing of the petition is the result of delay caused by the child. Delay caused by the child shall include, but not be limited to:

(1) Delay caused by the unavailability of the child or his attorney.

(2) Delay caused by any continuance granted at the request of the child or his attorney.

(3) Delay caused by the unavailability of a witness resulting from conduct by or on behalf of the child. At the conclusion of any court proceeding in which the scheduled hearing is not held, the court shall state on the record whether the failure to hold the hearing resulted from delay caused by the child. Where the court determines that failure to hold a hearing is the result of delay caused by the child, the child may continue to be held in detention or shelter care. However, the additional period of detention shall not exceed ten days, provided that such detention may be continued by the court for successive ten-day intervals. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999) 1998 Amendment. Act 126 amended subsec. (a). 1995 Amendment. Act 21, 1st Sp.Sess., amended subsec. (f). 1978 Amendment. Act 53 amended the heading and subsec. (a). Suspension by Court Rule. Section 6335 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(16), amended July 18, 2012, insofar as it is inconsistent with Rule 391 relating to time restrictions for detention for juveniles scheduled for transfer hearing. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(2), amended March 19, 2009, insofar as it is inconsistent with Rules 124, 140 and 364 relating to summons and notice. Subsection (c) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(1), amended March 19, 2009, insofar as it is inconsistent with Rules 1124, 1140 and 1364 relating to summons and notice. Section 6335 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(10), adopted August 11, 2006, insofar as it is inconsistent with Rule 1360 relating to adjudicatory summons. Cross References. Section 6335 is referred to in section 6368 of Title 23 (Domestic Relations).
42 Pa.C.S. § 9771.1 — PA Code / Title 42 / Chapter 97 / Section 9771.1
Court-imposed sanctions for violating probation.
Status: in_force

(a) Program.--Notwithstanding the provisions of section 9771 (relating to modification or revocation of order of probation), the court of common pleas of a judicial district may establish a program to impose swift, predictable and brief sanctions on persons who violate their probation.

(b) Coordination with other officials.--(Deleted by amendment).

(c) Eligibility.--(Deleted by amendment).

(d) Warning hearing.--(Deleted by amendment).

(e) Drug testing.--(Deleted by amendment).

(f) Violation hearing.--If a participant commits a probation violation, the participant shall promptly be arrested, and a hearing shall be held no later than two business days after the arrest date.

(g) Sanctions.--

(1) The court shall impose a term of imprisonment of up to:

(i) three days for a first violation;

(ii) seven days for a second violation;

(iii) fourteen days for a third violation; and

(iv) twenty-one days for a fourth or subsequent violation of probation.

(2) The court may allow the term of imprisonment to be served on weekends or other nonwork days for employed probationers who have committed a first or second violation.

(3) The court may increase the conditions of probation, including additional substance abuse treatment for a participant who has failed one or more drug tests.

(h) Exceptions.--If the participant is able to provide a compelling reason for the probation violation, the court may grant an exception to the sanctions authorized under subsection

(g).

(i) Revocation of probation.--

(1) After a third violation, the court may revoke the order of probation.

(2) Upon revocation, the sentencing alternatives shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.

(j) Local rules.--

(1) The court may adopt local rules for the administration of this program. Except as provided for under paragraph (2), the local rules may not be inconsistent with this section or any rules adopted by the Supreme Court.

(2) The court may adopt local rules that are inconsistent with subsection (g) regarding the terms of imprisonment or other sanctions or conditions provided for under subsection (g). (July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.) Cross References. Section 9771.1 is referred to in sections 2153, 9771 of this title.
42 Pa.C.S. § 2521 — PA Code / Title 42 / Chapter 25 / Section 2521
Office of attorney at law.
Status: in_force

Persons admitted to the bar of the courts of this Commonwealth and to practice law pursuant to general rules shall thereby hold the office of attorney at law.
42 Pa.C.S. § 9171 — PA Code / Title 42 / Chapter 91 / Section 9171
Exchange of offenders under treaty.
Status: in_force

Whenever a treaty is in force providing for the transfer of convicted offenders between the United States and a foreign country, the Governor or his designee, upon application of the Secretary of Corrections, is authorized to give the approval of the Commonwealth to transfer as provided in the treaty.
42 Pa.C.S. § 5807.2 — PA Code / Title 42 / Chapter 58 / Section 5807.2
Federal reporting requirements.
Status: in_force

The audit required under section 5803(j) (relating to asset forfeiture) shall include a copy of each equitable sharing agreement and certification form filed with the United States Department of Justice within the last 12 months.
42 Pa.C.S. § 8318 — PA Code / Title 42 / Chapter 83 / Section 8318
Terrorism action.
Status: in_force

(a) General rule.--In addition to any other right of action and any other remedy provided by law, an action may be brought to recover damages against a terrorist, terrorist organization or person who knowingly provided material support or resources to or aided a terrorist or terrorist organization for the death of an individual or for an injury to an individual or damage to or loss of property caused by an act of terrorism.

(b) Application of section.--This section shall not apply to:

(1) A financial institution as defined by 31 U.S.C. § 5312(a)(2) (relating to definitions and application), including an operating or financial subsidiary, that complies with Federal laws and regulations relating to a financial transaction at the time the transaction occurs, including, to the extent applicable, the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 (Title III of Public Law 107-56, 31 U.S.C. § 5301 et seq.).

(2) Conduct by a party to a labor dispute as defined in the act of June 2, 1937 (P.L.1198, No.308), known as the Labor Anti-Injunction Act, or to any constitutionally protected activity.

(c) Recovery.--The plaintiff may seek recovery for any of the following:

(1) General and special damages, including damages for emotional distress, loss of consortium, loss of filial consortium and loss of life's pleasures.

(2) Punitive damages.

(3) Reasonable attorney fees and costs.

(4) Such other relief that the court deems necessary and proper.

(d) Assets.--In making a recovery under this section, the plaintiff may enforce the judgment against the assets of the terrorist, terrorist organization or person who knowingly provided material support or resources to or aided the terrorist or terrorist organization.

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

"Act of terrorism." An act or acts constituting an offense under 18 Pa.C.S. Pt. II (relating to definition of specific offenses), including an attempt, conspiracy or solicitation to commit any such offense, which is punishable by imprisonment of more than one year and involves an act dangerous to human life or property, intended either to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion or affect the conduct of a government.

"Dangerous to human life or property." A violent act which is intended to or likely to cause death, serious bodily injury or mass destruction.

"Mass destruction." An act which is intended to or likely to destroy or cause serious damage to transportation-related infrastructure or facilities, energy-related infrastructure or facilities, public or private buildings, places of public accommodation or public works under circumstances evincing depraved indifference to human life or property.

"Material support or resources." Currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation and other physical assets, except medicine or religious materials.

"Terrorist." A person who commits an act of terrorism.

"Terrorist organization." A domestic or foreign organization which directly engages in the planning, preparation, carrying out or aiding of an act of terrorism. The term includes any organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (66 Stat. 163, 8 U.S.C. § 1189) (relating to designation of foreign terrorist organizations). (Jan. 6, 2006, P.L.11, No.2, eff. imd.) 2006 Amendment. Act 2 added section 8318.
42 Pa.C.S. § 9732 — PA Code / Title 42 / Chapter 97 / Section 9732
Contents of presentence report.
Status: in_force

The presentence report shall include a summary of the circumstances attending the commission of the crime, the history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation and personal habits of the defendant, any history of drug or alcohol abuse or addiction and any other matters that the person preparing the report deems relevant or that the court directs be included. (June 18, 1998, P.L.640, No.84, eff. 60 days) Suspension by Court Rule. Section 9732 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 Pa.C.S. § 5302 — PA Code / Title 42 / Chapter 53 / Section 5302
Land.
Status: in_force

The tribunals of this Commonwealth shall have jurisdiction over land situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth. Cross References. Section 5302 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 7391 — PA Code / Title 42 / Chapter 73 / Section 7391
Judgment on award.
Status: in_force

(a) Entry.--On granting an order confirming, vacating without directing a rehearing or amending an award under this subchapter, the court shall enter judgment in conformity with the order.

(b) Sealing and redaction.--On motion of a party, the court shall order that a document or part of the arbitration record be sealed or redacted to prevent public disclosure of all or part of the record or award.
42 Pa.C.S. § 5962 — PA Code / Title 42 / Chapter 59 / Section 5962
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:

"Summons." Includes a subpoena, order or other notice requiring the appearance of a witness.

"Witness." Includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
42 Pa.C.S. § 9714 — PA Code / Title 42 / Chapter 97 / Section 9714
Sentences for second and subsequent offenses.
Status: in_force

(a) Mandatory sentence.--

(1) Any person who is convicted in any court of this Commonwealth of a crime of violence shall, if at the time of the commission of the current offense the person had previously been convicted of a crime of violence, be sentenced to a minimum sentence of at least ten years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Upon a second conviction for a crime of violence, the court shall give the person oral and written notice of the penalties under this section for a third conviction for a crime of violence. Failure to provide such notice shall not render the offender ineligible to be sentenced under paragraph (2).

(2) Where the person had at the time of the commission of the current offense previously been convicted of two or more such crimes of violence arising from separate criminal transactions, the person shall be sentenced to a minimum sentence of at least 25 years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Proof that the offender received notice of or otherwise knew or should have known of the penalties under this paragraph shall not be required. Upon conviction for a third or subsequent crime of violence the court may, if it determines that 25 years of total confinement is insufficient to protect the public safety, sentence the offender to life imprisonment without parole.

(a.1) Mandatory maximum.--An offender sentenced to a mandatory minimum sentence under this section shall be sentenced to a maximum sentence equal to twice the mandatory minimum sentence, notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of imprisonment for felony) or any other provision of this title or other statute to the contrary.

(b) Presumption of high risk dangerous offender.--(Deleted by amendment).

(c) High risk dangerous offender.--(Deleted by amendment).

(d) 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, prior to imposing sentence on an offender under subsection (a), shall have a complete record of the previous convictions of the offender, copies of which shall be furnished to the offender. If the offender or the attorney for the Commonwealth contests the accuracy of the record, the court shall schedule a hearing and direct the offender and the attorney for the Commonwealth to submit evidence regarding the previous convictions of the offender. The court shall then determine, by a preponderance of the evidence, the previous convictions of the offender and, if this section is applicable, shall impose sentence in accordance with this section. Should a previous conviction be vacated and an acquittal or final discharge entered subsequent to imposition of sentence under this section, the offender shall have the right to petition the sentencing court for reconsideration of sentence if this section would not have been applicable except for the conviction which was vacated.

(e) 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 subsections (a) and (a.1) 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.

(f) Appeal by Commonwealth.--If a sentencing court shall refuse 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 the imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(g) Definition.--As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. § 2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.C.S. § 2606 (relating to aggravated assault of unborn child), aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law enforcement officer), use of weapons of mass destruction as defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) (relating to terrorism), strangulation when the offense is graded as a felony as defined in 18 Pa.C.S. § 2718 (relating to strangulation), trafficking of persons when the offense is graded as a felony of the first degree as provided in 18 Pa.C.S. § 3011 (relating to trafficking in individuals), rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson endangering persons or aggravated arson as defined in 18 Pa.C.S. § 3301(a) or (a.1) (relating to arson and related offenses), ecoterrorism as classified in 18 Pa.C.S. § 3311(b)(3) (relating to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. § 3502(a)(1) (relating to burglary), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle, drug delivery resulting in death as defined in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in death), or criminal attempt, criminal conspiracy or criminal solicitation to commit murder or any of the offenses listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction. (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff. imd.; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20, 2000, P.L.811, No.113, eff. 60 days; July 7, 2011, P.L.220, No.40, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days; Feb. 25, 2014, P.L.33, No.16, eff. 60 days; June 5, 2020, P.L.246, No.32, eff. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. 60 days) 2022 Amendment. Act 99 amended subsec. (g). 2000 Amendments. Act 18 amended subsec. (g) and Act 113 amended subsec. (a) and deleted subsecs. (b) and (c). Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated on or after the effective date of Act 18.

1995 Amendment. Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21. Cross References. Section 9714 is referred to in sections 5750, 9543.1, 9712, 9713, 9715, 9720.4, 9774.1, 9799.24, 9799.58 of this title; section 1103 of Title 18 (Crimes and Offenses); sections 3903, 4103, 4503, 6101, 6135, 6137, 6137.1, 7301 of Title 61 (Prisons and Parole); section 3113 of Title 63 (Professions and Occupations (State Licensed)).
42 Pa.C.S. § 1515 — PA Code / Title 42 / Chapter 15 / Section 1515
Jurisdiction and venue.
Status: in_force

(a) Jurisdiction.--Except as otherwise prescribed by general rule adopted pursuant to section 503 (relating to reassignment of matters), magisterial district judges shall, under procedures prescribed by general rule, have jurisdiction of all of the following matters:

(1) Summary offenses, except those arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under Chapter 63 (relating to juvenile matters).

(2) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, which are stated therein to be within the jurisdiction of a magisterial district judge.

(3) Civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:

(i) In assumpsit, except cases of real contract where the title to real estate may be in question.

(ii) In trespass, including all forms of trespass and trespass on the case.

(iii) For fines and penalties by any government agency. A plaintiff may waive a portion of his claim of more than $12,000 so as to bring the matter within the monetary jurisdiction of a magisterial district judge. Such waiver shall be revoked automatically if the defendant appeals the final order of the magisterial district judge or when the judgment is set aside upon certiorari.

(4) As commissioners to preside at arraignments, fix and accept bail, except for offenses under 18 Pa.C.S. §§ 2502 (relating to murder) and 2503 (relating to voluntary manslaughter) for which the fixing and accepting of bail shall be performed by any judge of any court of common pleas, and to issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings.

(5) Offenses under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance), if the following criteria are met:

(i) The offense is the first offense by the defendant under such provision in this Commonwealth.

(ii) No personal injury (other than to the defendant) resulted from the offense.

(iii) The defendant pleads guilty.

(iv) No property damage in excess of $500 other than to the defendant's property resulted from the violation.

(v) The defendant is not subject to the provisions of Chapter 63 (relating to juvenile matters).

(vi) The arresting authority shall cause to be transmitted a copy of the charge of any violation of 75 Pa.C.S. § 3802 to the office of the clerk of the court of common pleas within five days after the preliminary arraignment. In determining that the above criteria are met the magisterial district judge shall rely on the certification of the arresting authority. Certification that the criteria are met need not be in writing. Within ten days after the disposition, the magisterial district judge shall certify the disposition to the office of the clerk of the court of common pleas in writing.

(5.1) Offenses under 75 Pa.C.S. § 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock).

(6)

(i) Offenses under Title 18 (crimes and offenses), Title 30 (fish) and Title 35 (health and safety) which

are classified as misdemeanors of the third degree, if the following criteria are met:

(A) The misdemeanor is not the result of a reduced charge.

(B) Any personal injury or property damage is less than $500.

(C) The defendant pleads guilty.

(D) The defendant is not subject to the provisions of Chapter 63.

(ii) Subparagraph (i) shall not apply to any offense under the following provisions of Title 18: Section 4303 (relating to concealing death of child born out of wedlock). Section 4321 (relating to willful separation or nonsupport). Section 5103 (relating to unlawfully listening into deliberations of jury).

(6.1) All offenses under Title 34 (relating to game).

(7) Matters jurisdiction of which is vested in magisterial district judges by any statute.

(b) Venue and process.--The venue of a magisterial district judge concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the magisterial district judge shall extend beyond the territorial limits of the magisterial district to the extent 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; Oct. 1, 1981, P.L.282, No.95, eff. imd.; Dec. 13, 1982, P.L.1141, No.260, eff. Jan. 1, 1983; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; July 8, 1986, P.L.442, No.93, eff. July 1, 1987; Dec. 18, 1992, P.L.1269, No.167, eff. imd.; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 29, 2004, P.L.1369, No.177, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days) 2010 Amendment. Act 114 amended subsec. (a). 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1985 Partial Repeal. Section 3 of Act 60 of 1985 provided that subsec. (a)(5)(iii) and (6)(i)(C) is repealed insofar as it is inconsistent with Act 60. References in Text. Section 4321 of Title 18 (Crimes and Offenses), referred to in subsec. (a)(6)(ii), is repealed. Cross References. Section 1515 is referred to in sections 1522, 9702 of this title; section 3321 of Title 8 (Boroughs and Incorporated Towns); sections 103, 1106 of Title 18 (Crimes and Offenses); section 7711 of Title 73 (Townships); sections 102, 1619 of Title 75 (Vehicles).
42 Pa.C.S. § 8353 — PA Code / Title 42 / Chapter 83 / Section 8353
Damages.
Status: in_force

When the essential elements of an action brought pursuant to this subchapter have been established as provided in section 8351 (relating to wrongful use of civil proceedings), the plaintiff is entitled to recover for the following:

(1) The harm normally resulting from any arrest or imprisonment, or any dispossession or interference with the advantageous use of his land, chattels or other things, suffered by him during the course of the proceedings.

(2) The harm to his reputation by any defamatory matter alleged as the basis of the proceedings.

(3) The expense, including any reasonable attorney fees, that he has reasonably incurred in defending himself against the proceedings.

(4) Any specific pecuniary loss that has resulted from the proceedings.

(5) Any emotional distress that is caused by the proceedings.

(6) Punitive damages according to law in appropriate cases. Cross References. Section 8353 is referred to in section 8354 of this title.
42 Pa.C.S. § 9728 — PA Code / Title 42 / Chapter 97 / Section 9728
Collection of restitution, reparation, fees, costs, fines and penalties.
Status: in_force

(a) General rule.--

(1) Except as provided in subsection (b)(5), all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county for that purpose in any manner provided by law. However, such restitution, reparation, fees, costs, fines and penalties are part of a criminal action or proceeding and shall not be deemed debts. A sentence, pretrial disposition order or order entered under section 6352 (relating to disposition of delinquent child) for restitution, reparation, fees, costs, fines or penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the probation department upon the person or the property of the person sentenced or subject to the order.

(2) In accordance with section 9730.1 (relating to collection of court costs, restitution and fines by private collection agency), the collection of restitution, reparation, fees, costs, fines and penalties under this section may be referred to a private collection agency. Any county that does not engage the services of a private collection agency shall operate a collections enforcement unit consistent with the provisions of paragraph (1) and dedicated to carrying out the duties therein provided. Statistical information relating to the amount of restitution collected by the county probation department or any agent designated by the county commissioners of the county with the approval of the president judge of the county shall be provided to the Pennsylvania Commission on Crime and Delinquency and Pennsylvania Commission on Sentencing on an annual basis. The statistical information shall be sufficiently detailed so as to show compliance with the requirements of this section, including subsection (g.1).

(b) Procedure.--

(1) The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the prothonotary certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, exceed $1,000, and it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.

(2) The clerk of courts, in consultation with other appropriate governmental agencies, may transmit to the prothonotary of the respective county certified copies of all judgments for restitution, reparation, fees, costs, fines and penalties which, in the aggregate, do not exceed $1,000, and, if so transmitted, it shall be the duty of each prothonotary to enter and docket the same of record in his office and to index the same as judgments are indexed, without requiring the payment of costs as a condition precedent to the entry thereof.

(3) The county clerk of courts shall, upon sentencing, pretrial disposition or other order, transmit to the Department of Probation of the respective county or other agent designated by the county commissioners of the county with the approval of the president judge of the county and to the county correctional facility to which the offender has been sentenced or to the Department of Corrections, whichever is appropriate, copies of all orders for restitution and amendments or alterations thereto,

reparation, fees, costs, fines and penalties. This paragraph also applies in the case of costs imposed under section 9721(c.1) (relating to sentencing generally).

(4) The total amount for which the person is liable pursuant to this section may be entered as a judgment upon the person or the property of the person sentenced or ordered, regardless of whether the amount has been ordered to be paid in installments.

(5) Deductions shall be as follows:

(i) The Department of Corrections shall make monetary deductions of at least 25% of deposits made to inmate wages and personal accounts for the purpose of collecting restitution, costs imposed under section 9721(c.1), filing fees to be collected under section 6602(c) (relating to prisoner filing fees) and any other court-ordered obligation.

(ii) The county correctional facility to which the offender has been sentenced shall:

(A) Be authorized to make monetary deductions from inmate wages and personal accounts for the purpose of collecting restitution, costs imposed under section 9721(c.1), filing fees to be collected under section 6602(c) and any other court-ordered obligation or fees owed to the county jail or prison related to the inmate's incarceration.

(B) Deduct an amount sufficient to satisfy any outstanding restitution, costs imposed under section 9721(c.1), filing fees to be collected under section 6602(c) or other court-ordered obligations before releasing funds on deposit.

(iii) Any amount deducted under this paragraph shall be in addition to the full amount authorized to be collected pursuant to any order for support. Any amount deducted shall be transmitted to the probation department of the county or other agent designated by the county commissioners with the approval of the president judge of the county in which the offender was convicted.

(iv) The Department of Corrections and each county correctional facility shall develop guidelines relating to its responsibilities under this paragraph. The guidelines shall be incorporated into any contract entered into with a correctional facility.

(b.1) Restitution file.--Upon receipt of each order from the clerk of courts as provided in subsection (b)(3), the department of probation of the respective county or other agent designated by the county commissioners of the county with the approval of the president judge of the county shall open a restitution file for the purposes of recording the amounts of restitution deducted by the Department of Corrections or county correctional facility or collected by the department of probation or the agent designated by the county commissioners of the county with the approval of the president judge of the county.

(b.2) Mandatory payment of costs.--Notwithstanding any provision of law to the contrary, in the event the court fails to issue an order under subsection (a) imposing costs upon the defendant, the defendant shall nevertheless be liable for costs, as provided in section 9721(c.1), unless the court determines otherwise pursuant to Pa.R.Crim.P. No. 706(C) (relating to fines or costs). The absence of a court order shall not affect the applicability of the provisions of this section.

(c) Period of time.--Notwithstanding section 6353 (relating to limitation on and change in place of commitment and disposition review hearing) or 18 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to person or property), the period of time during which such judgments shall have full effect may exceed the maximum term of imprisonment to which the offender could have been sentenced for the crimes of which he was convicted or the maximum term of confinement to which the offender was committed.

(d) Priority.--Notwithstanding any other statutory provisions in this or any other title, any lien obtained under this section shall maintain its priority indefinitely and no writ of revival need be filed.

(e) Preservation of assets subject to restitution.--Upon application of the Commonwealth, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond or take any other action to preserve the availability of property which may be necessary to satisfy an anticipated restitution order under this section:

(1) upon the filing of a criminal complaint, information or indictment charging a criminal violation or a petition alleging delinquency for which restitution may be ordered and alleging that the property with respect to which the order is sought appears to be necessary to satisfy such restitution order and judgment; and

(2) if, after notice to persons appearing to have an interest in the property and an opportunity for a hearing, the court determines that:

(i) there is a substantial probability that:

(A) the Commonwealth will prevail on the underlying criminal charges or allegation of delinquency;

(B) restitution will be ordered exceeding $10,000 in value;

(C) the property appears to be necessary to satisfy such restitution order; and

(D) failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the court or otherwise made unavailable for payment of the anticipated restitution order; and

(ii) the need to preserve the availability of the property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.

(f) Temporary restraining order.--A temporary restraining order under subsection (e) may be entered upon application of the Commonwealth without notice or opportunity for a hearing, whether or not a complaint, information, indictment or petition alleging delinquency has been filed with respect to the property, if the Commonwealth demonstrates that there is probable cause to believe that the property with respect to which the order is sought appears to be necessary to satisfy an anticipated restitution order under this section and that provision of notice will jeopardize the availability of the property to satisfy such restitution order and judgment. Such a temporary order shall expire not more than ten days after the date on which it is entered, unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period. A hearing requested concerning an order entered under this subsection shall be held

at the earliest possible time and prior to the expiration of the temporary order.

(g) Costs, etc.--Any sheriff's costs, filing fees and costs of the county probation department, clerk of courts or other appropriate governmental agency, including, but not limited to, any reasonable administrative costs associated with the collection of restitution, transportation costs and other costs associated with the prosecution, shall be borne by the defendant and shall be collected by the county probation department or other appropriate governmental agency along with the total amount of the judgment and remitted to the appropriate agencies at the time of or prior to satisfaction of judgment.

(g.1) Payment.--No less than 50% of all moneys collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county pursuant to subsection (b)(1) and deducted pursuant to subsection (b)(5) shall, until the satisfaction of the defendant's restitution obligation, be used to pay restitution to victims. Any remaining moneys shall be used to pay fees, costs, fines, penalties and other court-ordered obligations.

(h) Effect on contempt proceedings.--This section shall not affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f). (Dec. 17, 1990, P.L.726, No.181, eff. 60 days; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; May 12, 1995, 1st Sp.Sess., P.L.1006, No.13, eff. 60 days; Feb. 7, 1996, P.L.7, No.3, eff. 60 days; June 18, 1998, P.L.640, No.84, eff. 120 days; Nov. 9, 2006, P.L.1352, No.143, eff. imd.; Oct. 27, 2010, P.L.949, No.96, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Oct. 16, 2024, P.L.1003, No.107, eff. 180 days) 2024 Amendment. Act 107 amended subsec. (c). 2019 Amendment. Act 115 amended subsecs. (a)(2) and (b)(5). 2010 Amendment. Act 96 amended subsec. (b)(3) and (5) and added subsec. (b.2). Section 4(1) of Act 96 provided that the amendment of subsec. (b)(3) and (5) and the addition of subsec.

(b.2) shall apply to costs imposed on or after the effective date of section 4(1).

Amendment . Act 134 amended subsec. (g). Cross References. Section 9728 is referred to in sections 2154.1, 6352, 9721, 9730 of this title; section 3020 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 3151 — PA Code / Title 42 / Chapter 31 / Section 3151
Oath of office.
Status: in_force

Each judicial officer shall, before entering on the duties of his office, take and subscribe the following oath or affirmation before a person authorized to administer oaths: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity." Any person refusing to take the oath or affirmation shall forfeit his office. A judicial officer shall be sworn upon his appointment or election, and after each retention election, and thereafter need not be sworn in any matter referred to him. Cross References. Section 3151 is referred to in section 2301 of this title.
42 Pa.C.S. § 62A02 — PA Code / Title 42 / Chapter 62 / Section 62A02
Findings and purpose.
Status: in_force

The General Assembly finds and declares that:

(1) Sexual violence is the most heinous crime against a person other than murder.

(2) Sexual violence and intimidation can inflict humiliation, degradation and terror on the victim.

(3) According to the Department of Justice, someone is sexually assaulted every two minutes in the United States.

(4) Rape is recognized as one of the most underreported crimes, and studies indicate that only one in three rapes is reported to law enforcement.

(5) Victims of sexual violence and intimidation desire safety and protection from future interactions with their offender, regardless of whether they seek criminal prosecution.

(6) This chapter provides the victim with a civil remedy requiring the offender to stay away from the victim, as well as other appropriate relief.
42 Pa.C.S. § 4564 — PA Code / Title 42 / Chapter 45 / Section 4564
Alternate jurors.
Status: in_force

Alternate jurors shall be selected and shall serve as jurors under terms and conditions prescribed by general rules.
42 Pa.C.S. § 6364 — PA Code / Title 42 / Chapter 63 / Section 6364
Supervision under foreign order.
Status: in_force

(a) General rule.--Upon receiving a request of a juvenile court of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to section 6363 (relating to ordering foreign supervision) and this section to provide supervision of a child under the jurisdiction of that court, a court of this Commonwealth may issue its written acceptance to the requesting court and designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.

(b) Supervision and report.--Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated the officer shall arrange for the reception of the child from the requesting court, provide supervision pursuant to the order and this chapter, and report thereon from time to time together with any recommendations he may have to the requesting court.

(c) Costs and expenses.--The court of this Commonwealth from time to time shall certify to the requesting court the cost of supervision that has been incurred and request payment therefor from the appropriate officials of the county or parish of the requesting court to the county of the accepting court.

(d) Termination of supervision.--The court of this Commonwealth at any time may terminate supervision by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive him. Cross References. Section 6364 is referred to in sections 6321, 6363 of this title.
42 Pa.C.S. § 1520 — PA Code / Title 42 / Chapter 15 / Section 1520
Adjudication alternative program.
Status: in_force

(a) General rule.--Except for cases charging offenses under 34 Pa.C.S. (relating to game), the magisterial district judge may, upon hearing the facts of a case, admit to an appropriate adjudication alternative authorized by this section persons charged with summary offenses. The defendant shall not be required to plead guilty to be accepted by the magisterial district judge into the program. Acceptance of participation in an alternative authorized by this section shall be considered a first conviction for the purpose of computing whether a subsequent conviction of an offense shall be considered a second or subsequent conviction.

(b) Public service programs and other adjudication alternatives.--A magisterial district judge may, in lieu of making a disposition, place an offender in an appropriate program in which a public service or charitable agency or organization or political subdivision agrees to assume supervisory responsibility for the offender. The program in general shall be approved by the court of common pleas having supervision over that magisterial district. This program may include work, counseling, public service, job training, education or other appropriate community service or self-improvement. The placement authorized by the magisterial district judge shall be appropriate to the offense charged and in the best interests of the community and the offender. The conditions of the program may include the imposition of costs and restitution, the imposition of a reasonable charge relating to the expense of administering the program and any other conditions agreed to by the offender.

(c) Completion of program.--The magisterial district judge shall provide written notice to the public service or charitable agency or organization or political subdivision of the placement of the offender. Upon notification, the public service or charitable agency or organization or political subdivision shall, as a condition to agreeing to accept responsibility for supervision of the offender, make periodic reports on the fulfillment of the conditions and a final report upon the completion of the appropriate adjudication alternative as required by the supervising magisterial district judge. The magisterial district judge shall dismiss the charges and shall relieve the offender of the obligation to pay any fine or serve any sentence of imprisonment upon the successful completion of the program.

(d) Refusal to accept or complete program.--If the offender refuses to accept the conditions required by the magisterial district judge or fails to complete the program without good cause or violates any condition of the program without good cause, the magisterial district judge shall proceed on the charges as provided by law.

(e) Immunity.--A magisterial district judge and any public service or charitable agency or organization or political subdivision supervising or administering a public service program under this section shall be immune from any civil action for damages brought by a person admitted to this program. Nothing in this section shall be construed to limit or otherwise affect or preclude liability resulting from gross negligence or intentional misconduct. Reckless, willful or wanton misconduct constitutes gross negligence.

(f) Definition.--As used in this section, the term "magisterial district judge" includes a judge of the Pittsburgh Magistrates Court. (July 1, 1987, P.L.180, No.21, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days; Oct. 31, 2024, P.L.1143, No.138, eff. 18 mos.) 2024 Amendment. Act 138 amended subsec. (a). See section 6(1) of Act 138 in the appendix to this title for special provisions relating to applicability. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Prior Provisions. Former section 1520, which related to community public service programs, was added September 27, 1985, P.L.238, No.60, and repealed December 11, 1986, P.L.1521, No.165, effective immediately. Suspension by Court Rule. Section 1520 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(3), adopted March 1, 2000, insofar as it is inconsistent with Rules 300, 301, 302 and 310 through 320 relating to Accelerated Rehabilitative Disposition. Cross References. Section 1520 is referred to in section 6336 of this title; sections 6305, 6306.1, 6307, 6308, 6310.3, 6321, 9123 of Title 18 (Crimes and Offenses); section 925 of Title 34 (Game).
42 Pa.C.S. § 8313 — PA Code / Title 42 / Chapter 83 / Section 8313
Agricultural crop destruction.
Status: in_force

(a) Civil action and relief available.--An aggrieved owner of damaged field crops, vegetable or fruit plants or trees raised for scientific or commercial purposes or for any testing or research purpose in conjunction with a public or private research facility or a university or any Federal, State or local government agency may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including compensatory and punitive damages, reasonable investigative expenses and reasonable attorney fees and other costs associated with the litigation. Upon a showing of cause for the issuance of injunctive relief, a court may issue temporary restraining orders, preliminary injunctions and permanent injunctions as may be appropriate. During any period that an action under this section is pending, a court may order the cessation of the activity forming the basis of the complaint.

(b) Valuations.--In awarding damages under this section, the courts shall consider the market value of the field crops, vegetable or fruit plants or trees prior to damage and production, research, testing, replacement and crop development costs directly related to the crop that has been damaged as part of the value of the crop as well as damage to any records, data and data-gathering equipment or devices.

(c) Limitations.--Damages recovered under this section shall be limited to treble the market value of the field crops, vegetable or fruit plants or trees prior to damage and actual damages involving production, research, testing, replacement and development costs directly related to the crop that has been damaged.

(d) Exceptions.--The provisions of this section shall not apply to field crops, vegetable or fruit plants or trees damaged through research or normal commercial activity. (June 22, 2001, P.L.386, No.27, eff. imd.) 2001 Amendment. Act 27 added section 8313.
42 Pa.C.S. § 3 — PA Code / Title 42 / Chapter 3 / Section 3
Applicability.
Status: in_force

The following apply:

(1) The Administrative Office of Pennsylvania Courts has a duty under paragraph (3) if any of the following occur:

(i) Promulgation by the Supreme Court of Pennsylvania of a rule, similar in form to Pa.R.C.P. No. 4023, stating that the provisions of 42 Pa.C.S. § 8340.16 are not suspended.

(ii) Promulgation by the Supreme Court of Pennsylvania of a direct letter of address, similar in form to In re 42 Pa.C.S. § 1703, 482 Pa. 522, 394 A.2d 444 (1978), stating that the provisions of 42 Pa.C.S. § 8340.16 are not suspended and do not violate Article V of the Constitution of Pennsylvania.

(iii) Promulgation by the Supreme Court of Pennsylvania of procedural rules providing substantially the same content as the provisions of 42 Pa.C.S. § 8340.16.

(2) The Legislative Reference Bureau shall determine the effective date of passage by the General Assembly of a joint resolution confirming that the procedural rules under paragraph (1)(iii) provide substantially the same content as the provisions of 42 Pa.C.S. § 8340.16.

(3) The Administrative Office of Pennsylvania Courts shall transmit to the Legislative Reference Bureau all of the following:

(i) Notice, for publication in the next available issue of the Pennsylvania Bulletin, of each promulgation and effective date under paragraph (1)(i) and (ii).

(ii) Notice of a promulgation and its effective date under paragraph (1)(iii).

(4) The Legislative Reference Bureau shall publish any of the following in the Pennsylvania Bulletin:

(i) For a notice under paragraph (3)(i), the entire notice.

(ii) For a notice under paragraph (3)(ii), notice of the later of the effective date of:

(A) promulgation under paragraph (1)(iii); or

(B) passage under paragraph (2).
42 Pa.C.S. § 6143 — PA Code / Title 42 / Chapter 61 / Section 6143
Registration number as evidence of operation of vehicle.
Status: in_force

(a) General rule.--In any action or proceeding for the recovery of a civil penalty for an infraction of the provisions of any law relating to the ownership or operation of any conveyance by air, land or water or any game or fish law or any local ordinance, rule or regulation relating thereto, the registration number displayed on a conveyance shall sustain an inference that the person to whom the registration number was officially assigned is the owner of the conveyance and was then operating the conveyance.

(b) Inference overcome by testimony of owner.--If at any proceeding under subsection (a) the owner testifies that the owner was not operating the conveyance at the time of the alleged infraction and submits to an examination as to who at the time was operating the conveyance and reveals the name and residence address of the person, if known, then the inference arising from the registration number shall be overcome.

(c) Inference overcome by verified statement of owner.--If the proceeding under subsection (a) is commenced in a county other than that of the residence of the owner and a verified written statement setting forth the facts set forth in subsection (b) is forwarded by the owner to the tribunal, the inference arising from the registration number shall be overcome. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 amended subsec. (a).
42 Pa.C.S. § 8101 — PA Code / Title 42 / Chapter 81 / Section 8101
Interest on judgments.
Status: in_force

Except as otherwise provided by another statute, a judgment for a specific sum of money shall bear interest at the lawful rate from the date of the verdict or award, or from the date of the judgment, if the judgment is not entered upon a verdict or award.
42 Pa.C.S. § 6304 — PA Code / Title 42 / Chapter 63 / Section 6304
Powers and duties of probation officers.
Status: in_force

(a) General rule.--For the purpose of carrying out the objectives and purposes of this chapter, and subject to the limitations of this chapter or imposed by the court, a probation officer shall:

(1) Make investigations, reports, and recommendations to the court.

(2) Receive and examine complaints and charges of delinquency or dependency of a child for the purpose of considering the commencement of proceedings under this chapter.

(3) Supervise and assist a child placed on probation or in his protective supervision or care by order of the court or other authority of law.

(4) Make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable.

(5) Take into custody and detain a child who is under his supervision or care as a delinquent or dependent child if the probation officer has reasonable cause to believe that the health or safety of the child is in imminent danger, or that he may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this chapter or that he violated the conditions of his probation.

(6) Perform all other functions designated by this chapter or by order of the court pursuant thereto.

(a.1) Authority to search.--

(1) Probation officers may search the person and property of children:

(i) under their supervision as delinquent children or pursuant to a consent decree in accordance with this section;

(ii) taken into custody pursuant to subsection (a) and section 6324 (relating to taking into custody); and

(iii) detained pursuant to subsection (a) and section 6325 (relating to detention of child) or during the intake process pursuant to subsection (a) and section 6331 (relating to release from detention or commencement of proceedings) and in accordance with this section.

(2) Nothing in this section shall be construed to permit searches or seizures in violation of the Constitution of the United States or section 8 of Article I of the Constitution of Pennsylvania.

(3) No violation of this section shall constitute an independent ground for suppression of evidence in any proceeding.

(4)

(i) A personal search of a child may be conducted by any probation officer:

(A) If there is a reasonable suspicion to believe that the child possesses contraband or other evidence of violations of the conditions of supervision.

(B) When a child is transported or taken into custody.

(C) When a child enters or leaves a detention center, institution or other facility for alleged or adjudicated delinquent children.

(ii) A property search may be conducted by any probation officer if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the child contains contraband or other evidence of violations of the conditions of supervision.

(iii) Prior approval of a supervisor shall be obtained for a property search absent exigent circumstances or unless the search is being conducted by a supervisor. No prior approval shall be required for a personal search.

(iv) A written report of every property search conducted without prior approval shall be prepared by the probation officer who conducted the search and filed in the child's case record. The exigent circumstances shall be stated in the report.

(v) The child may be detained if he is present during a property search. If the child is not present during a property search, the probation officer in charge of the search shall make a reasonable effort to provide the child with notice of the search, including a list of the items seized, after the search is completed.

(vi) The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with that case law, the following factors, where applicable, may be taken into account:

(A) The observations of officers.

(B) Information provided by others.

(C) The activities of the child.

(D) Information provided by the child.

(E) The experience of the probation officer with the child.

(F) The experience of probation officers in similar circumstances.

(G) The prior delinquent and supervisory history of the offender.

(H) The need to verify compliance with the conditions of supervision.

(a.2) Notification of court to initiate expungement of juvenile records.--

(1) The chief juvenile probation officer or designee shall promptly notify the court that the records of a juvenile delinquency case are eligible for expungement and

shall request the court to initiate expungement proceedings in accordance with 18 Pa.C.S. § 9123 (relating to juvenile records) and the Pennsylvania Rules of Juvenile Court Procedure, upon determining that any of the following applies:

(i) a written allegation is not approved for prosecution;

(ii) a petition is dismissed by the court;

(iii) six months have elapsed since a child's successful completion of an informal adjustment and no proceeding seeking adjudication or conviction is pending;

(iv) six months have elapsed since the final discharge of a child from supervision under a consent decree and no proceeding seeking adjudication or conviction is pending;

(v) two years have elapsed since the final discharge of a child from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the child committed an offense classified as a misdemeanor, other than a misdemeanor under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a misdemeanor under 18 Pa.C.S. § 3126(a)(2) or (3) (relating to indecent assault), and since the final discharge, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication;

(vi) five years have elapsed since the final discharge of a child from commitment, placement, probation or any other disposition and referral, pursuant to an adjudication of delinquency following a determination by the court that the child committed an offense classified as a felony, an offense classified as a misdemeanor under 18 Pa.C.S. Ch. 61 or an offense classified as a misdemeanor under 18 Pa.C.S. § 3126(a)(2) or (3), with the exception of an offense precluded from expungement under 18 Pa.C.S. § 9123(a.1), and since the final discharge, the individual has not been convicted of a felony, misdemeanor or adjudicated delinquent and no proceeding is pending seeking the conviction or adjudication; or

(vii) the attorney for the Commonwealth consents to the expungement, unless the offense committed by the juvenile is precluded from expungement under 18 Pa.C.S. § 9123(a.1).

(2) (Reserved).

(b) Foreign jurisdictions.--Any of the functions specified in subsection (a) may be performed in another jurisdiction if authorized by the court of this Commonwealth and permitted by the laws of the other jurisdiction.

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

"Conditions of supervision." A term or condition of a child's supervision, whether imposed by the court or a probation officer, including compliance with all requirements of Federal, State and local law.

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

"Court." The court of common pleas or a judge thereof.

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

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

"Probation officer." A probation officer appointed or employed by a court or by a county probation department.

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

"Supervisor." An individual acting in a supervisory or administrative capacity. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Oct. 16, 2024, P.L.1006, No.108, eff. 180 days) 2024 Amendment. Act 108 added subsec. (a.2). 2002 Amendment. Section 8 of Act 215 provided that the Juvenile Court Judges' Commission shall develop best practice standards regarding searches of the person and property of children in order to implement the addition of subsec. (a.1). Suspension by Court Rule. Subsection (a)(2) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(10), amended July 18, 2012, insofar as it is inconsistent with Rules 231 and 330 relating to written allegation and petition: filing, contents, function. Cross References. Section 6304 is referred to in sections 6304.1, 6323, 6340, 6352, 6373, 9911 of this title; section 6375 of Title 23 (Domestic Relations).
42 Pa.C.S. § 8931 — PA Code / Title 42 / Chapter 89 / Section 8931
Indictment and information.
Status: in_force

(a) General rule.--Except as provided in subsection (b), no person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger or by leave of court for oppression or misdemeanor in office.

(b) Criminal information.--Each of the courts of common pleas may, with the approval of the Supreme Court, provide for the initiation of criminal proceedings therein by information filed in the manner provided or prescribed by law. The

Administrative Office shall cause all orders of the Supreme Court entered under this subsection to be codified in the Pennsylvania Code.

(c) Jurisdiction and duties of courts.--The several courts of common pleas which have obtained the approval of the Supreme Court to provide for the initiation of criminal proceedings by informations instead of by grand jury indictments, shall possess and exercise the same power and jurisdiction as they heretofore possessed in cases of prosecutions upon indictments.

(d) Duties of prosecuting attorneys.--Whenever a transcript of proceedings, complaint and all related papers in a criminal proceeding where the defendant has been held for court have been transmitted to the clerk of court or the officer designated by the court, such officer, after recording the same, shall immediately transmit the documents or a copy thereof to the district attorney. The district attorney or his designee shall have the duty to inquire into and make full examination of all the facts and circumstances connected with each such case to determine if the facts and circumstances warrant the filing of an information or informations premised upon the transcript. No information shall be filed by the district attorney concerning alleged criminal violations where a preliminary hearing has not been held or properly waived except as prescribed by general rules.

(e) Disposition of cases.--The district attorney shall sign all informations. The information shall be filed in the form prescribed by general rules.

(f) Investigating grand juries unaffected.--No grand jury shall be impaneled in any judicial district where this section is applicable for the purpose of considering bills of indictment. This section shall not prohibit the impaneling of grand juries under and with the powers provided in Subchapter D of Chapter 45 (relating to investigating grand juries) or for any other purpose as provided or prescribed by law.

(g) Certain proceedings and statutes unaffected.--This section shall not affect criminal proceedings held before the minor judiciary as now provided or prescribed by law nor, except as provided in this section, shall it affect criminal proceedings subsequent to the filing of the information by a district attorney. Except as otherwise provided in this section or to the extent that they are specifically inconsistent with prosecutions initiated by information, existing statutes applicable to criminal prosecutions initiated by indictment shall be applicable to the information filed under this section by a district attorney.

(h) Applicability of section.--Subsections (c) through (g) shall be applicable only in those judicial districts which have obtained the approval of the Supreme Court to substitute informations for grand jury indictments as the method for initiating criminal prosecutions. Thereafter, all statutes and parts of statutes inconsistent with such subsections shall not apply in such judicial districts.

(i) Definition.--As used in this section "district attorney" includes a special attorney appointed by the Attorney General in the manner provided by statute, an acting district attorney and any assistant district attorney whose authority to act for the district attorney under this section is evidenced by a written designation executed by the district attorney or acting district attorney and filed with the clerk of the courts. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

1980 Amendment. Act 142 amended subsec. (f). 1978 Amendment. Act 53 amended subsec. (e). Cross References. Section 8931 is referred to in section 5552 of this title.
42 Pa.C.S. § 707 — PA Code / Title 42 / Chapter 7 / Section 707
Lien of judgments for money.
Status: in_force

Any judgment or other order of the Supreme Court, the Superior Court or the Commonwealth Court for the payment of money shall not be a lien upon real property in any county until it is entered of record in the office of the clerk of the court of common pleas of the county where the property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county, in the same manner as a judgment transferred from the court of common pleas of another county.
42 Pa.C.S. § 7101 — PA Code / Title 42 / Chapter 71 / Section 7101
Settlements and other agreements with hospitalized persons.
Status: in_force

(a) General rule.--

(1) No person whose interest is or may become adverse to a person injured who is confined to a hospital or sanitarium as a patient shall, within 15 days after the date of the occurrence causing the injury to such patient:

(i) Negotiate or attempt to negotiate a settlement with such patient.

(ii) Obtain or attempt to obtain a general release of liability from such patient.

(iii) Obtain or attempt to obtain any statement, either written or oral, from such patient for use in negotiating a settlement or obtaining a release.

(2) Any settlement agreement entered into, any general release of liability or any written or oral statement made by any person who is confined in a hospital or sanitarium after he incurs a personal injury, which is not obtained in accordance with the provisions of subsection (b) shall not be admissible in evidence in any matter relating to the injury and shall not be utilized for any purpose in any matter in connection therewith.

(3) Where a person is injured and confined as a patient to a hospital or sanitarium due to such injuries, no attorney shall, during the first 15 days of the confinement of such patient, enter or attempt to enter into an agreement relating to compensation wholly or partly on a contingent basis with such patient in connection with his injuries.

(b) Exception.--Subsection (a) shall not apply if at least five days prior to obtaining the settlement, release, statement or contingent fee agreement, the injured person has signified in writing, by a statement acknowledged before a notary public who has no interest adverse to the injured person, his willingness that a settlement, release, statement or contingent fee agreement be given or entered into.
42 Pa.C.S. § 724 — PA Code / Title 42 / Chapter 7 / Section 724
Allowance of appeals from Superior and Commonwealth Courts.
Status: in_force

(a) General rule.--Except as provided by section 9781(f) (relating to limitation on additional appellate review), final orders of the Superior Court and final orders of the

Commonwealth Court not appealable under section 723 (relating to appeals from Commonwealth Court) may be reviewed by the Supreme Court upon allowance of appeal by any two justices of the Supreme Court upon petition of any party to the matter. If the petition shall be granted, the Supreme Court shall have jurisdiction to review the order in the manner provided by section 5105(d)(1) (relating to scope of appeal).

(b) Improvident appeals.--If an appeal is improvidently taken to the Supreme Court under section 723 in a case where the proper mode of review is by petition for allowance of appeal under this section, this alone shall not be a ground for dismissal, but the papers whereon the appeal was taken shall be regarded and acted on as a petition for allowance of appeal and as if duly filed at the time the appeal was taken. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended subsec. (a).
42 Pa.C.S. § 9545 — PA Code / Title 42 / Chapter 95 / Section 9545
Jurisdiction and proceedings.
Status: in_force

(a) Original jurisdiction.--Original jurisdiction over a proceeding under this subchapter shall be in the court of common pleas. No court shall have authority to entertain a request for any form of relief in anticipation of the filing of a petition under this subchapter.

(b) Time for filing petition.--

(1) Any petition under this subchapter, including a second or subsequent petition, shall be filed within one year of the date the judgment becomes final, unless the petition alleges and the petitioner proves that:

(i) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution or laws of this Commonwealth or the Constitution or laws of the United States;

(ii) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained by the exercise of due diligence; or

(iii) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.

(2) Any petition invoking an exception provided in paragraph (1) shall be filed within one year of the date the claim could have been presented.

(3) For purposes of this subchapter, a judgment becomes final at the conclusion of direct review, including discretionary review in the Supreme Court of the United States and the Supreme Court of Pennsylvania, or at the expiration of time for seeking the review.

(4) For purposes of this subchapter, "government officials" shall not include defense counsel, whether appointed or retained.

(c) Stay of execution.--

(1) No court shall have the authority to issue a stay of execution in any case except as allowed under this subchapter.

(2) Except for first petitions filed under this subchapter by defendants whose sentences have been affirmed on direct appeal by the Supreme Court of Pennsylvania between January 1, 1994, and January 1, 1996, no stay may be issued unless a petition for postconviction relief which meets all the requirements of this subchapter has been filed and is pending and the petitioner makes a strong showing of likelihood of success on the merits.

(3) If a stay of execution is granted, all limitations periods set forth under sections 9574 (relating to answer to petition), 9575 (relating to disposition without evidentiary hearing) and 9576 (relating to evidentiary hearing) shall apply to the litigation of the petition.

(d) Evidentiary hearing.--

(1) The following apply:

(i) Where a petitioner requests an evidentiary hearing, the petition shall include a certification signed by each intended witness stating the witness's name, address, date of birth and substance of testimony

and shall include any documents material to that witness's testimony.

(ii) If a petitioner is unable to obtain the signature of a witness under subparagraph (i), the petitioner shall include a certification, signed by the petitioner or counsel, stating the witness's name, address, date of birth and substance of testimony. In lieu of including the witness's name and address in the certification under this subparagraph, counsel may provide the witness's name and address directly to the Commonwealth. The certification under this subparagraph shall include any documents material to the witness's testimony and specify the basis of the petitioner's information regarding the witness and the petitioner's efforts to obtain the witness's signature. Nothing in this subparagraph shall be construed to contravene any applicable attorney-client privilege between the petitioner and postconviction counsel.

(iii) Failure to substantially comply with the requirements of this paragraph shall render the proposed witness's testimony inadmissible.

(2) No discovery, at any stage of proceedings under this subchapter, shall be permitted except upon leave of court with a showing of exceptional circumstances.

(3) When a claim for relief is based on an allegation of ineffective assistance of counsel as a ground for relief, any privilege concerning counsel's representation as to that issue shall be automatically terminated. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; Oct. 24, 2018, P.L.894, No.146, eff. 60 days) 2018 Amendment. Act 146 amended subsecs. (b)(2) and (d)(1). Section 3 of Act 146 provided that the amendment of subsec.

(b)(2) shall apply only to claims arising one year before the effective date of section 3 or thereafter. Suspension by Court Order. Subsecs. (c)(3) and (d)(2) were suspended August 11, 1997, S.Ct. Order. Cross References. Section 9545 is referred to in section 9543.1 of this title.
42 Pa.C.S. § 9715 — PA Code / Title 42 / Chapter 97 / Section 9715
Life imprisonment for homicide.
Status: in_force

(a) Mandatory life imprisonment.--Notwithstanding the provisions of section 9712 (relating to sentences for offenses committed with firearms), 9713 (relating to sentences for offenses committed on public transportation) or 9714 (relating to sentences for second and subsequent offenses), any person convicted of murder of the third degree in this Commonwealth who has previously been convicted at any time of murder or voluntary manslaughter in this Commonwealth or of the same or substantially equivalent crime in any other jurisdiction shall be sentenced to life imprisonment, 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, prior to imposing sentence on an offender under subsection (a), shall have a complete record of the previous convictions of the offender, copies of which shall be furnished to the offender. If the offender or the attorney for the Commonwealth contests the accuracy of the record, the court shall schedule a hearing and direct the offender and the attorney for the Commonwealth to submit evidence regarding the previous convictions of the offender. The court shall then determine, by a preponderance of the evidence, the previous convictions of the offender and, if this section is applicable, shall impose sentence in accordance with this section. Should a previous conviction be vacated and an acquittal or final discharge entered subsequent to imposition of sentence under this section, the offender shall have the right to petition the sentencing court for reconsideration of sentence if this section would not have been applicable except for the conviction which was vacated.

(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. (Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff. imd.)

1982 Amendments. Act 54 added section 9715 and Act 141 amended subsec. (b). Section 4 of Act 54 provided that the mandatory sentences provided in section 9715 shall be applicable to offenses committed after the effective date of Act 54.
42 Pa.C.S. § 8 — PA Code / Title 42 / Chapter 8 / Section 8
Findings and declarations.
Status: in_force

The intent of this act is to restore procedures by which defendants who are charged with an offense under 75 Pa.C.S. § 3802 may secure rehabilitative treatment and a clean record, while ensuring the public that repeat offenders will face appropriate consequences as set by the General Assembly if they commit subsequent offenses despite the rehabilitative opportunity. It is the intent of the General Assembly to address the Pennsylvania Supreme Court's decision in Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025). Explanatory Note. Act 58 amended section 9756 of Title 42 and sections 1534, 1543, 1556, 3735, 3802, 3803, 3804, 3805, 3806 and 3807 Title 75.
42 Pa.C.S. § 4416 — PA Code / Title 42 / Chapter 44 / Section 4416
Cost of providing interpreter.
Status: in_force

(a) General rule.--An interpreter appointed in accordance with this subchapter is entitled to a reasonable fee for interpreter services and shall be reimbursed for actual and reasonable expenses as provided in this section.

(b) Principal party in interest.--If the person with limited English proficiency is a defendant, party or a direct victim in a judicial proceeding for a criminal matter or juvenile proceeding pursuant to Chapter 63 (relating to juvenile matters), then the payment of the cost of providing the interpreter shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding for the criminal matter.

(c) Witness.--If the person with limited English proficiency is compelled to appear as a witness in a judicial proceeding for a criminal matter, then the payment of the cost of providing the interpreter shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding for the criminal matter.

(d) Payment determination.--Except as provided in subsections (b) and (c), disposition of all or part of the cost of providing interpreter services shall be in the discretion of the presiding judicial officer unless the principal party in interest is indigent. 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 section. Cross References. Section 4416 is referred to in section 4417 of this title.