42 Pa.C.S. § 9799.25 — PA Code / Title 42 / Chapter 97 / Section 9799.25
Verification by sexual offenders and Pennsylvania State Police.
Status: in_force

(a) Periodic verification.--Except for initial registration as provided in section 9799.19 (relating to initial registration) and in accordance with section 9799.15(a) (relating to period of registration), sexual offenders shall verify the information provided in section 9799.16(b) (relating to registry) and be photographed as follows:

(1) An individual convicted of a Tier I sexual offense shall appear in person at an approved registration site annually.

(2) An individual convicted of a Tier II sexual offense shall appear in person at an approved registration site semiannually.

(3) An individual convicted of a Tier III sexual offense shall appear in person at an approved registration site quarterly.

(4) An individual designated as a sexually violent predator shall appear in person at an approved registration site quarterly.

(5) A juvenile offender shall appear in person at an approved registration site quarterly.

(6) A sexually violent delinquent child shall appear in person at an approved registration site quarterly.

(7) A transient shall appear in person at an approved registration site monthly.

(8) An individual required to register under section 9799.13(7.1) (relating to applicability) shall annually appear in person at an approved registration site.

(a.1) Alternate requirements regarding verification.--The following apply to an individual required to appear in person under subsection (a)(2) or (3):

(1) If the individual has been in compliance with the requirements of this subchapter for the first three years of the individual's period of registration and, during the same three-year period, the individual has not been convicted in this Commonwealth or any other jurisdiction or foreign country of an offense punishable by imprisonment of more than one year, the individual shall appear at an approved registration site annually. The individual shall appear within 10 days before the date designated by the Pennsylvania State Police to verify information in section 9799.16(b) and be photographed.

(2) The other appearances required of the individual under this section may be completed by contacting the Pennsylvania State Police by telephone at a telephone number designated by the Pennsylvania State Police. The individual shall call the Pennsylvania State Police within three business days of the date designated by the Pennsylvania State Police.

(3) If the individual fails to comply with the provisions of this subsection and the individual is subsequently convicted under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements), any relief granted under this subsection shall be void, and the petitioner shall automatically and immediately again be subject to the provisions of this subchapter, as previously determined by this subchapter.

(a.2) Telephonic verification system.--The Pennsylvania State Police shall develop a mechanism to permit individuals to utilize the telephonic verification system established in this section. No individual may utilize the telephonic verification system until the Pennsylvania State Police publishes notice in the Pennsylvania Bulletin that the system is operational.

(b) Deadline.--The following apply:

(1) A sexual offender shall appear as required under subsection (a) within ten days before the date designated by the Pennsylvania State Police. Failure to appear within ten days may subject the sexual offender to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements).

(2) In the case of a sexual offender who fails to appear in person or telephonically as required under this section, the Pennsylvania State Police shall notify the municipal police department where the sexual offender has a residence, is employed or is enrolled as a student. The municipal police shall locate the sexual offender and arrest the sexual offender for violating this section. A municipal police department may request assistance locating or arresting a sexual offender from the Pennsylvania State Police. In municipalities where no municipal police department exists, the Pennsylvania State Police shall locate the offender and arrest the sexual offender for violating this section.

(3) In the case of a sexual offender who fails to appear in person or telephonically as required under this section, the Pennsylvania State Police shall notify the United States Marshals Service in accordance with section 9799.22(b)(3) (relating to enforcement).

(c) Facilitation of verification.--The Pennsylvania State Police shall administer and facilitate the process of verification of information, including compliance with counseling in the case of sexually violent predators and

sexually violent delinquent children, and photographing the sexual offender by:

(1) Sending a notice by first class United States mail to each sexual offender at the last reported location where the offender receives mail. The notice shall be sent not more than 30 days nor less than 15 days prior to the date a sexual offender is required to appear pursuant to subsection

(a) or (a.1). The notice shall remind the sexual offender of the sexual offender's responsibilities under this subchapter, including counseling in the case of sexually violent predators and sexually violent delinquent children, and provide a list of approved registration sites and the telephone number to contact the Pennsylvania State Police under subsection (a.1).

(2) Providing verification and compliance forms as necessary at each approved registration site.

(d) Effect of notice.--Failure to send or receive notice of information under this section shall not relieve the sexual offender from the requirements of this subchapter.

(e) Natural disaster.--The occurrence of a natural disaster or other event requiring evacuation of residences shall not relieve the sexual offender of the duty to register or any other duty imposed by this subchapter.

(f) Residents in group-based homes.--

(1) A group-based home may not provide concurrent residence in the group-based home to more than five individuals in total who are required to register under this subchapter and Subchapter I (relating to continued registration of sexual offenders) as sexually violent predators.

(2) A group-based home that violates paragraph (1) shall be subject to a civil penalty in the amount of $2,500 for a first violation and in the amount of $5,000 for a second or subsequent violation.

(3) The Pennsylvania State Police or local law enforcement agency of jurisdiction shall investigate compliance with this subsection, and the Attorney General or district attorney may commence a civil action in the court of common pleas of the county in which a group-based home is located to impose and collect from the group-based home the penalty under paragraph (2).

(4) As used in this subsection, the term "group-based home" has the meaning given to it in 61 Pa.C.S. § 5007(c) (relating to certain offenders residing in group-based homes). (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.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (f)(4). 2021 Unconstitutionality. Section 9799.25 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.25 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended subsecs. (b)(2) and (3),

(c)(1) and (f)(1) and added subsecs. (a.1) and (a.2) and Act 29 reenacted subsecs. (a.1), (a.2), (b)(2) and (3), (c)(1) and

(f)(1). Section 20(1) of Act 10 provided that the amendment of section 9799.25 shall apply to an individual who commits an

offense on or after December 20, 2012. Section 21 of Act 10 provided that the amendment of subsec. (f) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency. Section 22 of Act 29 provided that the reenactment of subsec. (f) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency.

Amendment . Act 91 amended subsecs. (b)(1) and (c) intro. par. and (1). 2011 Amendment. Act 111 added section 9799.25. Cross References. Section 9799.25 is referred to in sections 9799.13, 9799.21, 9799.23, 9799.32 of this title; section 4915.1 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 5901 — PA Code / Title 42 / Chapter 59 / Section 5901
Judicial oath.
Status: in_force

(a) General rule.--Every witness, before giving any testimony shall take an oath in the usual or common form, by laying the hand upon an open copy of the Holy Bible, or by lifting up the right hand and pronouncing or assenting to the following words: "I, A. B., do swear by Almighty God, the searcher of all hearts, that I will , and that as I shall answer to God at the last great day." Which oath so taken by persons who conscientiously refuse to take an oath in the common form shall be deemed and taken in law to have the same effect as an oath taken in common form.

(b) Right to affirm.--The affirmation may be administered in any judicial proceeding instead of the oath, and shall have the same effect and consequences, and any witness who desires to affirm shall be permitted to do so.
42 Pa.C.S. § 8922 — PA Code / Title 42 / Chapter 89 / Section 8922
Authority of officers of another state to arrest in this Commonwealth.
Status: in_force

Any peace officer of another state who enters this Commonwealth in close pursuit of a person, and continues within this Commonwealth in such close pursuit, in order to arrest him, shall have the same authority to arrest and hold in custody such person on the ground that he has committed a crime in such state which is an indictable offense in this Commonwealth as peace officers of this Commonwealth have to arrest and hold in custody a person on the ground that he has committed a crime in this Commonwealth.
42 Pa.C.S. § 7321.29 — PA Code / Title 42 / Chapter 73 / Section 7321.29
Appeals.
Status: in_force

(a) Appealable orders.--An appeal may be taken from:

(1) an order denying a motion to compel arbitration;

(2) an order granting a motion to stay arbitration;

(3) an order confirming or denying confirmation of an award;

(4) an order modifying or correcting an award;

(5) an order vacating an award without directing a rehearing; or

(6) a final judgment entered under this subchapter.

(b) Procedure.--An appeal under this section must be taken as from an order or a judgment in a civil action and must be taken within 30 days of the order or judgment. Cross References. Section 7321.29 is referred to in sections 7321.5, 7321.6, 7342 of this title.
42 Pa.C.S. § 7378 — PA Code / Title 42 / Chapter 73 / Section 7378
Qualification and selection of arbitrator.
Status: in_force

(a) Qualifications.--Except as set forth in subsection (b) and unless waived in a record by the parties, an arbitrator must:

(1) be an attorney at law, a former attorney at law on inactive status or a senior judge; and

(2) have successfully completed a combined five hours of instruction, approved by the Pennsylvania Supreme Court Continuing Legal Education Board, in domestic violence and child abuse.

(b) Arbitration agreement.--The identification in the arbitration agreement of an arbitrator, arbitration organization or method of selection of the arbitrator controls.

(c) Court selection.--If an arbitrator is unable or unwilling to act or if the agreed-on method of selecting an arbitrator fails, on motion of a party, the court shall select an arbitrator.

Cross References. Section 7378 is referred to in section 7379 of this title.
42 Pa.C.S. § 5331 — PA Code / Title 42 / Chapter 53 / Section 5331
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Uniform Interstate Depositions and Discovery Act.
42 Pa.C.S. § 2105 — PA Code / Title 42 / Chapter 21 / Section 2105
Powers and duties.
Status: in_force

The Judicial Conduct Board shall exercise the powers and perform the duties vested in and imposed upon the board by section 18 of Article V of the Constitution of Pennsylvania and
42 Pa.C.S. § 6339 — PA Code / Title 42 / Chapter 63 / Section 6339
Investigation and report.
Status: in_force

(a) General rule.--If the allegations of a petition are admitted by a party or notice of hearing under section 6355 (relating to transfer to criminal proceedings) has been given, the court, prior to the hearing on need for treatment or disposition, may direct that a social study and report in writing to the court be made by an officer of the court or other person designated by the court, concerning the child, his family, his environment, and other matters relevant to disposition of the case. If the allegations of the petition are not admitted and notice of a hearing under section 6355 has not been given, the court shall not direct the making of the study and report until after the court has held a hearing on the petition upon notice of hearing given pursuant to this chapter and the court has found that the child committed a delinquent act or is a dependent child.

(b) Physical and mental examinations and treatment.--During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physician or psychologist and may also order medical or surgical treatment of a child who is suffering from a serious physical condition or illness which in the opinion of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his refusal to consent to the treatment. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a). Suspension by Court Rule. Section 6339 was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(9), adopted August 21, 2006, insofar as it is inconsistent with Rule 1340(B)(1)(e) relating to discovery and inspection.
42 Pa.C.S. § 8338.1 — PA Code / Title 42 / Chapter 83 / Section 8338.1
Liability for damages from donated vehicles or equipment to volunteer fire companies.
Status: in_force

(a) General rule.--A person is not subject to civil liability arising from the nature or condition of vehicles or equipment which were reasonably believed to be in good condition, donated in good faith to a volunteer fire company and for which all known defects were disclosed by the person to the volunteer fire company. Any person donating vehicles or equipment shall reveal all known defects to the donee. This section does not apply to an injury or death to any person that results from an act or omission of the donor constituting gross negligence, recklessness or intentional misconduct.

(b) Nonliability.--This section shall not be construed as establishing any liability.

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

"Donate." To give or distribute without requiring anything of monetary value from the ultimate recipient. For purposes of this section, a volunteer fire company may donate to another volunteer fire company, notwithstanding that the donor has charged a processing fee to the donee, provided the ultimate recipient or user is not required to give anything of monetary value.

"Person." An individual, corporation, partnership, organization, association or government entity. In the case of a corporation, partnership, organization, association or governmental entity, the term also includes, but is not limited to, an officer, director, partner, deacon, trustee, council member or other elected or appointed individual responsible for the governance of such entity.

"Volunteer ambulance service." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which is regularly engaged in the service of providing emergency medical care and transportation of patients.

"Volunteer fire company." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which provides fire protection services and other voluntary emergency services within this Commonwealth. Voluntary emergency services provided by a volunteer fire company may include voluntary ambulance and voluntary rescue services.

"Volunteer rescue service." Any nonprofit chartered corporation, association or organization which is located in this Commonwealth and which provides rescue services in this Commonwealth. (Dec. 1, 2004, P.L.1747, No.225, eff. 60 days) 2004 Amendment. Act 225 added section 8338.1.
42 Pa.C.S. § 2103 — PA Code / Title 42 / Chapter 21 / Section 2103
Organization.
Status: in_force

Annually, the Judicial Conduct Board shall elect a chairperson. The board shall act only with the concurrence of a majority of its members.
42 Pa.C.S. § 934 — PA Code / Title 42 / Chapter 9 / Section 934
Writs of certiorari.
Status: in_force

Unless and until changed by general rule, the judges of the courts of common pleas, within their respective judicial districts, shall have power, in addition to the right of appeal under section 9 of Article V of the Constitution of Pennsylvania, to issue writs of certiorari to the minor judiciary. Cross References. Section 934 is referred to in section 102 of this title.
42 Pa.C.S. § 221 — PA Code / Title 42 / Chapter 2 / Section 221
Codification of Act Nos. 1978-330, 1978-152 and 1980-43.
Status: in_force

* * *

(i) Six months limitation.-- * * *

(2) Construction of amendment.--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 (relating to six months limitation) 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.

(j) References in repealed statute.--References in the act of September 28, 1978 (P.L.788, No.152), to "this act" and to "42 Pa.C.S. § 5110" shall be deemed to be references to
42 Pa.C.S. § 7537 — PA Code / Title 42 / Chapter 75 / Section 7537
Remedy discretionary.
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding, but as provided in section 7541(b) (relating to effect of alternative remedy), the existence of an alternative remedy shall not be a ground for the refusal to proceed under this subchapter.
42 Pa.C.S. § 7321.15 — PA Code / Title 42 / Chapter 73 / Section 7321.15
Immunity of arbitrator; competency to testify; attorney fees and costs.
Status: in_force

(a) Immunity.--An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity.

(b) Other immunity.--The immunity afforded by this section supplements any immunity under other law.

(c) Failure to disclose.--The failure of an arbitrator to make a disclosure required by section 7321.13 (relating to disclosure by arbitrator) does not cause a loss of immunity under this section.

(d) Competency to testify.--In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this Commonwealth acting in a judicial capacity. This subsection does not apply:

(1) to the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or

(2) to a hearing on a motion to vacate an award under section 7321.24(a)(1) or (2) (relating to vacating award) if the movant establishes prima facie that a ground for vacating the award exists.

(e) Attorney fees and costs.--If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d) and the court upon deciding whether the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or whether the arbitrator or representative of the organization is competent to testify, the court may award

to the prevailing party, including the arbitrator, organization or representative, reasonable attorney fees and other reasonable expenses of litigation. Cross References. Section 7321.15 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 101 — PA Code / Title 42 / Chapter 1 / Section 101
Short title.
Status: in_force

This act shall be known and may be cited as the "JARA Continuation Act of 1982."
42 Pa.C.S. § 9756 — PA Code / Title 42 / Chapter 97 / Section 9756
Sentence of total confinement.
Status: in_force

(a) General rule.--In imposing a sentence of total confinement the court shall at the time of sentencing specify any maximum period up to the limit authorized by law and whether the sentence shall commence in a correctional or other appropriate institution.

(b) Minimum sentence.--

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

(2) The minimum sentence imposed under this section may not be reduced through parole prior to the expiration of the minimum sentence unless otherwise authorized by this section or other law.

(3) Except where the maximum sentence imposed is two years or more, and except where a mandatory minimum sentence of imprisonment or total confinement is required by law, the court shall, at the time of sentencing, state whether or not the defendant is eligible to participate in a reentry plan at any time prior to the expiration of the minimum sentence or at the expiration of a specified portion of the minimum sentence. For maximum sentences of less than two years as defined under section 9762(f) (relating to sentencing proceeding; place of confinement), a court may parole a defendant prior to the expiration of the minimum sentence only if the defendant was made eligible to participate in a reentry plan at the time of sentencing. The court shall provide at least ten days' written notice and an opportunity to be heard, pursuant to section 9776 (relating to judicial

power to release inmates), to the prosecuting attorney before granting parole pursuant to this subsection. The reentry plan eligibility shall be considered a part of the sentence and subject to the requirements relating to the entry, recording and reporting of sentences.

(b.1) Recidivism risk reduction incentive minimum sentence.--The court shall determine if the defendant is eligible for a recidivism risk reduction incentive minimum sentence under 61 Pa.C.S. Ch. 45 (relating to recidivism risk reduction incentive). If the defendant is eligible, the court shall impose a recidivism risk reduction incentive minimum sentence in addition to a minimum sentence and maximum sentence except, if the defendant was previously sentenced to two or more recidivism risk reduction incentive minimum sentences, the court shall have the discretion to impose a sentence with no recidivism risk reduction incentive minimum.

(c) Prohibition of parole for summary offenses.--The court may impose a sentence to imprisonment without the right to parole under this subsection only when:

(1) a summary offense is charged;

(2) sentence is imposed for nonpayment of fines or costs, or both, in which case the sentence shall specify the number of days to be served; and

(3) the maximum term or terms of imprisonment imposed on one or more indictments to run consecutively or concurrently total less than 30 days.

(c.1) Sentence of total confinement combined with probation.--The court may impose a sentence of imprisonment without parole under this subsection only when:

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

(2) the maximum sentence of total confinement imposed on one or more indictments to run consecutively or concurrently total 90 days or less.

(c.2) Determinate sentence.--Notwithstanding any other provision of law, a court may impose a determinate sentence under 75 Pa.C.S. (relating to vehicles) where the violation is graded as a summary offense and the maximum sentence of total confinement is 90 days or less. Nothing in this subsection shall be construed to preclude an otherwise eligible defendant from work release or prevent a court from sentencing a defendant to probation, including the restrictive conditions of probation imposed under section 9763(c).

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

(e) Definitions.--As used in this section, the term "reentry plan" is a release plan that may include drug and alcohol treatment, behavioral health treatment, job training, skills training, education, life skills or any other condition deemed relevant by the court. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 22, 2000, P.L.345, No.41, eff. 60 days; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 22, 2025, P.L.363, No.58, eff. imd.)

2025 Amendment. Act 58 added subsec. (c.2). See section 8 of Act 58 in the appendix to this title for special provisions relating to findings and declarations. 2019 Amendment. Act 115 amended subsec. (c.1). 2012 Amendment. Act 122 amended subsec. (d). 2009 Amendment. Act 33 amended subsecs. (b), (b.1) and (e). 2000 Amendment. Act 41 amended subsec. (c) and added subsec.

(c.1). Cross References. Section 9756 is referred to in sections 2154, 9721 of this title; sections 6137.1, 6137.2 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 1303 — PA Code / Title 42 / Chapter 13 / Section 1303
Signatures and dockets.
Status: in_force

Facsimile signatures of traffic court judges may be used for all purposes in lieu of their original signatures, except on affidavits for warrants of arrest and on the docket of the traffic court. Traffic court dockets shall contain a record of the disposition of every case and where a fine and costs are imposed shall record the amount of said fine and the amount of costs. The docket shall in all cases, where a summons has been issued, as to each case, be signed by the judge making the disposition or in his name by the clerk of the traffic court.
42 Pa.C.S. § 4561 — PA Code / Title 42 / Chapter 45 / Section 4561
Compensation of and travel allowance for jurors.
Status: in_force

(a) Compensation.--A person summoned to serve as a juror shall receive compensation at the rate of $9 a day for the first three days in any calendar year he shall be required to report for service and $25 a day for each day thereafter in such calendar year that such person is required to report. In addition, persons so summoned shall be paid a travel allowance

at the rate of 17¢ per mile circular except that no travel allowance shall be paid in the first judicial district.

(b) State reimbursement.--The Commonwealth shall reimburse each county 80% of the amount expended by the county for such compensation and travel allowance beyond the first three days of service if the juror is participating in a trial or in grand jury proceedings. Application for reimbursement shall be made by the county to the State Treasurer through the Administrative Office pursuant to procedures prescribed by said office. As used in this section, trial participation shall include voir dire examination only if such examination shall have commenced prior to the juror's fourth day of service.

(c) Definition.--As used in this section, the term "jurors" does not apply to those persons summoned to serve on a multicounty investigating grand jury who are reimbursed under section 4553(b) (relating to expenses of investigating grand juries and trials resulting therefrom). (Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days) 2002 Amendment. Act 127 added subsec. (c).
42 Pa.C.S. § 9799.41 — PA Code / Title 42 / Chapter 97 / Section 9799.41
Expiration.
Status: in_force

The following provisions shall expire December 20, 2012: Section 9718.3 (relating to sentence for failure to comply with registration of sexual offenders). Section 9791 (relating to legislative findings and declaration of policy). Section 9792 (relating to definitions). Section 9795.1 (relating to registration). Section 9795.2 (relating to registration procedures and applicability). Section 9795.3 (relating to sentencing court information). Section 9795.4 (relating to assessments). Section 9795.5 (relating to exemption from certain notifications). Section 9796 (relating to verification of residence). Section 9797 (relating to victim notification). Section 9798 (relating to other notification). Section 9798.1 (relating to information made available on the Internet and electronic notification). Section 9798.2 (relating to administration). Section 9798.3 (relating to global positioning system technology). Section 9799 (relating to immunity for good faith conduct). Section 9799.1 (relating to duties of Pennsylvania State Police). Section 9799.2 (relating to duties of Pennsylvania Board of Probation and Parole). Section 9799.3 (relating to board). Section 9799.4 (relating to counseling of sexually violent predators). Section 9799.7 (relating to exemption from notification for certain licensees and their employees). Section 9799.8 (relating to annual performance audit). Section 9799.9 (relating to photographs and fingerprinting). (Dec. 20, 2011, P.L.446, No.111, eff. imd.; July 5, 2012, P.L.880, No.91, eff. imd.) 2021 Unconstitutionality. Section 9799.41 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.41 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
42 Pa.C.S. § 8559 — PA Code / Title 42 / Chapter 85 / Section 8559
Judgments against self-insured local agency and those not fully insured.
Status: in_force

For the payment of any judgment obtained under the provisions of this subchapter against a local agency that is a self-insurer or not fully covered by liability insurance, the manner of paying a money judgment shall be based upon a proof of indebtedness or evidence of any estimated tax levy necessary for payment of the judgment and any other evidence or statements which the court of original jurisdiction may require. As an alternative to paying the money judgment in this manner, the court may provide for the judgment to be paid over a period of not less than one nor more than ten years. The interest rate on any judgment where payment is extended more than three years shall be at the rate prescribed by law for the first three years and at the rate of 6% for each remaining year. POWERS OF LOCAL AGENCIES
42 Pa.C.S. § 763 — PA Code / Title 42 / Chapter 7 / Section 763
Direct appeals from government agencies.
Status: in_force

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

(1) All appeals from Commonwealth agencies under
42 Pa.C.S. § 6384 — PA Code / Title 42 / Chapter 63 / Section 6384
Training and education requirement.
Status: in_force

(a) Facility staff training.--Beginning December 31, 2025, the facility shall provide or arrange a training program for staff who have contact with a pregnant, laboring or postpartum child. The training program shall be related to the physical and mental health of the pregnant or postpartum child and unborn baby, including:

(1) The general care of a pregnant child.

(2) The impact of restraints on a pregnant child and unborn baby.

(3) The impact of being placed in exclusion on a pregnant child.

(4) The impact of invasive searches on a pregnant child.

(5) Any other pertinent information the department finds appropriate or necessary.

(b) Facility staff training exceptions.--If the facility prohibits the placement of a pregnant child as a matter of policy, the facility may submit a written exemption reporting that there is no risk of staff interacting with a pregnant child housed in the facility. The following apply:

(1) The exemption under this subsection shall apply only to the facility, not the individual staff of the facility.

(2) All facility staff that come in contact with a pregnant child shall complete the training under this section.

(3) If facility staff work at more than one institution, the staff must receive the required training at the nonexempt facility.

(c) Education programming for pregnant child.--Beginning December 31, 2025, the facility shall provide or arrange educational programming for a pregnant or postpartum child. The educational programming shall be related to:

(1) Medical screenings related to reproductive and overall health, including preventive screenings.

(2) Prenatal care.

(3) Pregnancy-specific hygiene.

(4) The impact of alcohol and drugs on the unborn baby.

(5) General health of the unborn baby.

(6) Any other pertinent information the department finds appropriate or necessary.

(d) Trauma-informed approach.--

(1) The individual in charge of a facility shall, as necessary, ensure that the facility provides a quality trauma-informed approach to a child.

(2) A trauma-informed approach for a child shall begin immediately upon the child's intake and assessment at a facility.

(3) Beginning December 31, 2025, facility staff shall receive no fewer than four hours of professional training related to trauma-informed approach, which shall include the following:

(i) Training to identify a child with trauma.

(ii) Training on how and when to refer a child to the proper health care professionals, including preventive health care and mental health care.

(iii) Training on how to interact with and empower a child who has experienced trauma.
42 Pa.C.S. § 3303 — PA Code / Title 42 / Chapter 33 / Section 3303
Additional compensation prohibited.
Status: in_force

No judicial officer shall be paid or accept for the performance of any judicial duty or for any service connected with his office, any fee, emolument or perquisite other than the salary and expenses provided or prescribed by law.
42 Pa.C.S. § 9123 — PA Code / Title 42 / Chapter 91 / Section 9123
Duty of Governor with respect to fugitives from justice.
Status: in_force

Subject to the provisions of this subchapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this Commonwealth to have arrested and delivered up to the executive authority of any other state

of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this Commonwealth.
42 Pa.C.S. § 7341 — PA Code / Title 42 / Chapter 73 / Section 7341
Common law arbitration.
Status: in_force

The award of an arbitrator in a nonjudicial arbitration which is not subject to Subchapter A (relating to statutory arbitration), A.1 (relating to revised statutory arbitration) or a similar statute regulating nonjudicial arbitration proceedings is binding and may not be vacated or modified unless it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust, inequitable or unconscionable award. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; June 28, 2018, P.L.381, No.55, eff. July 1, 2019) 2018 Amendment. See section 1 of Act 55 of 2018 in the appendix to this title for special provisions relating to findings and declarations. Section 4(2) of Act 55 provided that the amendment of section 7341 shall not be construed to affect an action or proceeding commenced or right accrued before the effective date of section 4. Cross References. Section 7341 is referred to in sections 7314, 7342 of this title.
42 Pa.C.S. § 8524 — PA Code / Title 42 / Chapter 85 / Section 8524
Defenses.
Status: in_force

The following common law defenses are available:

(1) An official of a Commonwealth agency, or a member of the General Assembly or the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, defenses which have heretofore been available to such officials.

(2) An employee of a Commonwealth agency, or a member of the General Assembly or of the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, the defense that the employee was acting pursuant to a duty required by a statute or statutorily authorized regulation.

(3) An employee of a Commonwealth agency, or a member of the General Assembly or of the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, the defense that the act was within the discretion granted to the employee by statute or statutorily authorized regulation. Cross References. Section 8524 is referred to in sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).
42 Pa.C.S. § 8385 — PA Code / Title 42 / Chapter 83 / Section 8385
Service of original process.
Status: in_force

(a) General rule.--A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service of original process shall be made in accordance with the Pennsylvania Rules of Civil Procedure.

(b) Posting at property.--If personal service cannot be made, service may be made by posting the papers at the property. If service is made by posting at the property, a copy of the summons and complaint shall be mailed registered mail to the last known mail address, if any, of the defendant. Actual receipt of the registered mail shall not be required for service.
42 Pa.C.S. § 9799.37 — PA Code / Title 42 / Chapter 97 / Section 9799.37
Exemption from notification for certain licensees and their employees.
Status: in_force

Nothing in this subchapter shall be construed as imposing a duty upon a person licensed under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, or an employee of the person, to disclose any information regarding an individual required to be included in the registry pursuant to this subchapter. (Dec. 20, 2011, P.L.446, No.111, eff. one year) 2021 Unconstitutionality. Section 9799.37 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.37 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2011 Amendment. Act 111 added section 9799.37.
42 Pa.C.S. § 3726 — PA Code / Title 42 / Chapter 37 / Section 3726
Manner of expenditure of local funds.
Status: in_force

Unless and until otherwise provided by statute or by express order of the Supreme Court pursuant to and subject to the limitations of constitutional authority, the manner of the expenditure of moneys credited to the judicial and related account of a political subdivision, including moneys appropriated through the budget of the Judicial Department to a political subdivision, shall be within the control of officers of the political subdivision. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 9578 — PA Code / Title 42 / Chapter 95 / Section 9578
Subsequent petitions.
Status: in_force

(a) Further review.--No further review shall be available unless a petition is filed under Subchapter B (relating to post conviction relief) alleging that:

(1) 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 of the United States or laws of the United States or the Constitution of Pennsylvania or laws of this Commonwealth;

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

(3) 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.

(b) Exception petition.--Any petition invoking an exception provided in subsection (a) shall be filed within 60 days of the date the claim could have been presented. Suspension by Court Order. Section 9578 was suspended August 11, 1997, S.Ct. Order. Cross References. Section 9578 is referred to in section 9573 of this title.
42 Pa.C.S. § 9142 — PA Code / Title 42 / Chapter 91 / Section 9142
Governor may recall warrant or issue another.
Status: in_force

The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
42 Pa.C.S. § 6903 — PA Code / Title 42 / Chapter 69 / Section 6903
Required disclosures in connection with rental-purchase agreement.
Status: in_force

(a) General rule.--A lessor shall disclose all of the following in a clear and conspicuous manner:

(1) A brief description of the rented property sufficient to identify it to the lessee and lessor and a statement as to whether the property is new, used or previously rented. If a rental is for multiple items of property, a description of each item may be provided in a separate statement incorporated by reference in the rental-purchase agreement or primary disclosure statement.

(2) The total amount of any initial payment, including any advance payment, delivery charge or any trade-in allowance, to be paid by the lessee at or before consummation of the rental-purchase agreement.

(3) The amount and timing of rental payments.

(4) The amount of all other charges, individually itemized, payable by the lessee to the lessor that are not included in the rental payments.

(5) The party who is liable for loss, damage in excess of normal wear and tear or destruction of the rented property.

(6) The right of the lessee to reinstate under section 6906 (relating to lessee's right to reinstate agreement after termination) and the amount of or method of determining the amount of the delinquency charges, reinstatement fee or delivery charge for reinstatement.

(7) The party responsible for maintaining or servicing the rental property and a brief description of the responsibility.

(8) The conditions upon which the lessee or lessor may terminate the rental agreement prior to the expiration of the rental term.

(9) The total of all initial payments, all rental payments and all other charges necessary to acquire ownership of the rented property.

(10) That the lessee has the option to purchase the rented property at any time at a price or by a formula or method specified in the rental-purchase agreement.

(11) The cash price of the personal property that is the subject of the rental-purchase agreement.

(12) The cost of lease services, which is the difference between the total of payments disclosed under paragraph (9) and the cash price of the property disclosed under paragraph

(11).

(13) That if any part of a manufacturer's warranty exists on the leased property when a lessee acquires ownership of the property, the warranty will be transferred to the lessee if permitted by the terms of the warranty.

(14) That the lessee is not required to purchase insurance or liability damage waiver for the property that is the subject of the rental agreement from the lessor or from any vendor owned or controlled by the lessor.

(b) Notice required.--Every primary disclosure statement shall include a notice in a prominent place in at least ten-point type in substantially the following form: NOTICE You are renting this property. You will not own it until you make all of the regularly scheduled payments or you use the early purchase option. You do not have the right to keep the property if you do not make required payments or do not use the early purchase option. Subject to your grace periods and reinstatement rights, the lessor may repossess the property if you fail to make rental payments as scheduled. Your rights and responsibilities are fully explained in this rental-purchase agreement.

(c) Time of disclosure.--Every rental-purchase agreement shall be in writing. The information required by this section shall be disclosed by the lessor prior to the signing of the rental-purchase agreement by the lessee and shall be disclosed either in the rental-purchase agreement or on a dated, separate piece of paper that identifies the rental-purchase agreement and the parties to it.

(d) Manner of disclosure.--The disclosures required by subsection (a)(2), (3), (9), (11) and (12) shall be printed or typed in at least ten-point boldface type and grouped together. All other disclosures required by this section shall be printed or typed in at least eight-point type. All numerical amounts and percentages shall be stated in figures. All information required by this section shall be written, organized and designed so that it is easy to read and understand. The information shall be appropriately divided and captioned by its sections.

(e) Disclosure of additional information.--A lessor may disclose information that is not required by this section if the additional information is not stated, used or placed in a manner that will contradict, obscure or distract attention from the required information.

(f) Compliance with Federal law.--With respect to matters specifically governed by the Consumer Credit Protection Act (Public Law 90-321, 15 U.S.C. § 1601 et seq.), compliance with that act satisfies the requirements of this section. (Oct. 27, 2014, P.L.2896, No.185, eff. 60 days) 2014 Amendment. Act 185 amended subsec. (a)(10). Cross References. Section 6903 is referred to in section 6908 of this title.
42 Pa.C.S. § 8305 — PA Code / Title 42 / Chapter 83 / Section 8305
Actions for wrongful birth and wrongful life.
Status: in_force

(a) Wrongful birth.--There shall be no cause of action or award of damages on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born. Nothing contained in this subsection shall be construed to prohibit any cause of action or award of damages for the wrongful death of a woman, or on account of physical injury suffered by a woman or a child, as a result of an attempted abortion. Nothing contained in this subsection shall be construed to provide a defense against any proceeding charging a health care practitioner with intentional misrepresentation under the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or any other act regulating the professional practices of health care practitioners.

(b) Wrongful life.--There shall be no cause of action on behalf of any person based on a claim of that person that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted.

(c) Conception.--A person shall be deemed to be conceived at the moment of fertilization. (Apr. 13, 1988, P.L.336, No.47, eff. imd.) 1988 Amendment. Act 47 added section 8305. Section 7 of Act 47 provided that section 8305 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8305, section 8305 shall have retroactive effect, including application to any case pending or on appeal.
42 Pa.C.S. § 5981 — PA Code / Title 42 / Chapter 59 / Section 5981
Declaration of policy.
Status: in_force

In order to promote the best interests of the residents of this Commonwealth who are under 18 years of age, especially those who are material witnesses to or victims of crimes, the General Assembly declares its intent, in this subchapter, to provide, where necessity is shown, procedures which will protect them during their involvement with the criminal justice system. The General Assembly urges the news media to use significant restraint and caution in revealing the identity or address of children who are victims of or witnesses to crimes or other information that would reveal the name or address of the child victim or witness. (Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109, eff. 60 days)
42 Pa.C.S. § 2734 — PA Code / Title 42 / Chapter 27 / Section 2734
Office of the prothonotary.
Status: in_force

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

(b) Facilities and services.--The office of the prothonotary shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).
42 Pa.C.S. § 10 — PA Code / Title 42 / Chapter 10 / Section 10
Applicability.
Status: in_force

This act shall apply as follows:

(1) The amendment or addition of 42 Pa.C.S. §§ 5533(b)(2), 5551(7) and 5552(b.1) and (c)(3) and (3.1) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of this section.

(2) The amendment of 42 Pa.C.S. § 5533(b)(2) shall apply retroactively to civil actions where the limitations period has not expired prior to the effective date of this section.

(3) The addition of 42 Pa.C.S. §§ 5522(c)(3.1), 8522(b)(10), 8528(d), 8542(b)(9) and 8553(e) shall apply as follows:

(i) Prospectively, to a cause of action which arises on or after the effective date of this section.

(ii) Retroactively, to a cause of action if the cause of action arose before the effective date of this section. Nothing in this subparagraph shall do any of the following:

(A) Revive a cause of action as to which the limitation period has expired prior to the effective date of this section.

(B) Permit the application of the addition of 42 Pa.C.S. §§ 5522(c)(3.1), 8522(b)(10), 8528(d), 8542(b)(9) and 8553(e) to a claim:

(I) that is subject to a final judgment which, on the effective date of this section, is not subject to appeal; or (II) that, on the effective date of this section, has been nonjudicially resolved in its entirety by the parties, in a form which is enforceable. Explanatory Note. Act 87 amended or added sections 5522, 5533, 5551, 5552, 8522, 8528, 8542, 8553 and 9730.3 of Title 42. 2021, JUNE 30, P.L.260, NO.59
42 Pa.C.S. § 5529 — PA Code / Title 42 / Chapter 55 / Section 5529
Twenty year limitation.
Status: in_force

(a) Execution against personal property.--An execution against personal property must be issued within 20 years after the entry of the judgment upon which the execution is to be issued.

(b) Instruments under seal.--

(1) Notwithstanding section 5525(7) (relating to four year limitation), an action upon an instrument in writing under seal must be commenced within 20 years.

(2) (Deleted by amendment). (Dec. 5, 1980, P.L.1104, No.189, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 18, 1998, P.L.536, No.77, eff. imd.; June 25, 2018, P.L.348, No.46, eff. imd.) 2018 Amendment. Act 46 deleted subsec. (b)(2). 1982 Amendment. Section 403 of Act 326 provided that the amendments to Chapter 55 effected by Act 326 shall apply only to causes of action which accrue after the effective date of Act 326.
42 Pa.C.S. § 8351 — PA Code / Title 42 / Chapter 83 / Section 8351
Wrongful use of civil proceedings.
Status: in_force

(a) Elements of action.--A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:

(1) he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and

(2) the proceedings have terminated in favor of the person against whom they are brought.

(b) Arrest or seizure of person or property not required.--The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter. Cross References. Section 8351 is referred to in section 8353 of this title.
42 Pa.C.S. § 3351 — PA Code / Title 42 / Chapter 33 / Section 3351
Automatic retirement on age.
Status: in_force

Judges and magisterial district judges shall be retired upon attaining the age of 75 years. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 24, 2015, P.L.229, No.62) 2015 Amendment. Section 3(2) of Act 62 provided that the amendment shall take effect upon publication in the Pennsylvania Bulletin of the notice of adoption of an amendment to section 16(b) of Article V of the Constitution of Pennsylvania which provides for mandatory retirement at 75 years of age. The notice was published in the Pennsylvania Bulletin on January 28, 2017, at 47 Pa.B. 418. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Special Provisions in Appendix. See section 23 of Act 142 of 1976 in the appendix to this title for special provisions relating to existing judicial officers.
42 Pa.C.S. § 2392 — PA Code / Title 42 / Chapter 23 / Section 2392
Definitions.
Status: in_force

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

"Date of transfer." The date established pursuant to section 1905 (relating to county-level court administrators) for transfer of designated administrators from employment by their employing county to employment by the State government of the Commonwealth through the Administrative Office of Pennsylvania Courts.

"Employing county." The county by which a designated administrator is employed on the day immediately preceding the designated administrator's date of transfer.

"Fund." The Unified Judicial System Transferred County-Level Administrator Leave Fund established under section 2397 (relating to county payments for certain leave).

"State judicial personnel policies." Those personnel policies and procedures established and amended by or through a process created by the Pennsylvania Supreme Court and applicable to personnel of the unified judicial system.

"Transferred administrator." Personnel designated under section 1905 (relating to county-level court administrators).

"Unified judicial system." The various courts and offices enumerated in Article V of the Constitution of Pennsylvania.
42 Pa.C.S. § 8391 — PA Code / Title 42 / Chapter 83 / Section 8391
Release and cancellation.
Status: in_force

(a) No knowledge and abatement.--The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he had no knowledge of the drug-related nuisance and could not reasonably be expected to have such knowledge and the owner avers that he will immediately undertake specified measures to abate the nuisance and prevent it from being a drug-related nuisance for the following two-year period.

(b) Fines and bond.--The courts shall cancel the order of abatement if the owner of the property pays all fines and liens against the property, satisfies the court that the drug-related nuisance has been abated for the past 90 days, corrects all housing code and health code violations and posts a bond in an amount to be determined by the court, which will be immediately forfeitable if the drug-related nuisance recurs during the following one-year period.
42 Pa.C.S. § 7531 — PA Code / Title 42 / Chapter 75 / Section 7531
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the

"Declaratory Judgments Act."
42 Pa.C.S. § 1301 — PA Code / Title 42 / Chapter 13 / Section 1301
Seats of traffic courts.
Status: in_force

The regular sessions of a traffic court shall be held at such locations within the political subdivision for which the court is established as may be approved in compliance with general rules by the president judge of the court of common pleas of the judicial district embracing such political subdivision.
42 Pa.C.S. § 9799.23 — PA Code / Title 42 / Chapter 97 / Section 9799.23
Court notification and classification requirements.
Status: in_force

(a) Notice to sexual offenders.--At the time of sentencing, of disposition under section 6352 (relating to disposition of delinquent child) in the case of a juvenile offender, of adjudication of delinquency under section 6341 (relating to adjudication) in the case of a juvenile offender if the individual was adjudicated delinquent in any county other than the individual's county of residence and section 9799.19(h)(1)(i)(B) (relating to initial registration) applies, or of commitment under section 6403 (relating to court-ordered involuntary treatment) in the case of a sexually violent delinquent child, the court shall inform the sexual offender of the provisions of this subchapter. The court shall:

(1) Specifically inform the sexual offender of the duty to register under this subchapter.

(2) Specifically inform the sexual offender of:

(i) the duty to register in accordance with sections 9799.15 (relating to period of registration), 9799.16(b) (relating to registry), 9799.19 and 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police); and

(ii) the duty to attend counseling in accordance with:

(A) section 9799.36 (relating to counseling of sexually violent predators) if applicable; or

(B) section 6404.2(g) (relating to duration of outpatient commitment and review) if applicable.

(3) Specifically inform the sexual offender of the duty to register with authorities in another jurisdiction within three business days of:

(i) Commencement of residence, change of residence, termination of residence or failure to maintain a residence, thus making the sexual offender a transient.

(ii) Commencement of employment, a change in the location or entity in which the sexual offender is employed or termination of employment.

(iii) Commencement of enrollment as a student, a change in enrollment as a student or termination of enrollment as a student.

(4) In accordance with section 9799.16(c), order that the fingerprints, palm prints, DNA sample and photograph of the sexual offender be provided to the Pennsylvania State Police upon sentencing.

(5) Require the sexual offender to read and sign a form stating that the duty to register under this subchapter has been explained. If the sexual offender is incapable of speaking, reading or writing the English language, the court shall certify the duty to register was explained to the sexual offender, and the sexual offender indicated an understanding of the duty.

(6) Specifically classify the individual as one of the following:

(i) An individual convicted of a Tier I offense.

(ii) An individual convicted of a Tier II offense.

(iii) An individual convicted of a Tier III offense.

(iv) A sexually violent predator.

(v) A juvenile offender.

(vi) A sexually violent delinquent child.

(b) Mandatory registration.--All sexual offenders must register in accordance with this subchapter. The following apply:

(1) Failure by the court to provide the information required in this section, to correctly inform a sexual offender of the sexual offender's obligations or to require a sexual offender to register shall not relieve the sexual offender from the requirements of this subchapter.

(2) Except as provided in sections 9799.15(a.2) and 9799.17 (relating to termination of period of registration for juvenile offenders), the court shall have no authority to relieve a sexual offender from the duty to register under this subchapter or to modify the requirements of this subchapter as they relate to the sexual offender. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2021 Unconstitutionality. Section 9799.23 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.23 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended subsec. (b)(2) and Act 29 reenacted subsec. (b)(2). Section 20(1) of Act 10 provided that the amendment of section 9799.23 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment . Act 138 amended subsec. (a). 2011 Amendment. Act 111 added section 9799.23.

Cross References. Section 9799.23 is referred to in sections 9799.16, 9799.40 of this title.
42 Pa.C.S. § 4305 — PA Code / Title 42 / Chapter 43 / Section 4305
Federal judgments as liens.
Status: in_force

(a) General rule.--Except as provided in subsection (b), every judgment of a United States court within this Commonwealth shall, as provided by 28 United States Code § 1962 (relating to lien) or otherwise, be a lien on property located within this Commonwealth in the same manner, to the same extent and under the same conditions as a judgment of a court of common pleas of this Commonwealth and shall cease to be a lien in the same manner and time.

(b) Filing requirement.--The certified transcript of the judgment of the United States court shall be filed in the office of the clerk of the court of common pleas of the county where the property is located unless the judgment was rendered by such United States court within the county where the property is located.

(c) Authorization for filing of Federal judgments entered in other counties.--Any judgment of a United States court within this Commonwealth may be registered, recorded, filed, docketed, indexed or otherwise conformed to the rules and requirements relating to judgments of the courts of common pleas. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 9730.2 — PA Code / Title 42 / Chapter 97 / Section 9730.2
Sentence of community service.
Status: in_force

A person sentenced to a term of supervised community service or required by a court or a paroling authority to participate in a public or nonprofit community service program may not purchase credit in lieu of performing the community service in any form, including:

(1) United States or foreign currency.

(2) A money order.

(3) A check.

(4) A prepaid debit or credit card.

(5) A gift card or certificate.

(6) Any other means of remuneration. (Dec. 4, 2015, P.L.435, No.72, eff. 60 days) 2015 Amendment. Act 72 added section 9730.2.
42 Pa.C.S. § 9713 — PA Code / Title 42 / Chapter 97 / Section 9713
Sentences for offenses committed on public transportation.
Status: in_force

(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall be sentenced to a minimum sentence of at least five years of total confinement if the crime occurs in or near public transportation as defined in subsection (b), notwithstanding any other provision of this title or other statute to the contrary.

(b) Site of commission of crime.--For the purposes of subsection (a), a crime shall be deemed to have occurred in or near public transportation if it is committed in whole or in part in a vehicle, station, terminal, waiting area or other facility used by a person, firm, corporation, municipality, municipal authority or port authority in rendering passenger transportation services to the public or a segment of the public or if it is committed in whole or in part on steps, passageways or other areas leading to or from or in the immediate vicinity of such a public transportation vehicle, station, terminal, waiting area or other facility.

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

(d) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place 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.

(e) 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; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days) 1995 Amendment. Act 21, 1st Sp.Sess., amended subsec. (a). 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. 1982 Amendment. Act 54 added section 9713. Cross References. Section 9713 is referred to in section 9715 of this title.
42 Pa.C.S. § 8336 — PA Code / Title 42 / Chapter 83 / Section 8336
Civil immunity for assistance upon request in incidents involving the transportation of hazardous substances.
Status: in_force

(a) General rule.--During the course of transportation, including the loading and unloading thereof, of hazardous substances, no person shall be liable in civil damages when his conduct consists solely of action or inaction taken or omitted in the course of rendering care, assistance or advice, voluntarily and upon request of any police agency, fire department, rescue or emergency squad, any other governmental agency, the person responsible for preventing, mitigating or cleaning up the danger to person, property or environment or the owner or manufacturer of the hazardous substance involved, with respect to an incident creating a danger to person, property or environment as a result of spillage, leakage, seepage, fire, explosion or other accidental or potential accidental release of hazardous substances.

(b) Exclusions.--The immunities provided in this section shall not apply to any person who:

(1) is under a legal duty to respond to the incident;

(2) received remuneration beyond reimbursement for out of pocket expenses for services in rendering such care, assistance or advice in connection therewith or had the expectation of receiving such remuneration from the recipient of such care, assistance or advice or from someone acting on his behalf; or

(3) does not personally possess or does not provide personnel who possess the skill, training or knowledge with regard to the safe handling of hazardous substances, their effects and incidents involving the transportation of hazardous substances in order to render the care, assistance or advice requested.

(c) Persons not affected.--This section shall not be construed to affect any immunity otherwise granted by statute to any police agency, fire department, rescue or emergency squad or any other governmental agency.

(d) Gross negligence or willful misconduct.--Nothing in this section shall be construed to limit or otherwise affect or preclude the liability of any person resulting from such person's gross negligence or intentional misconduct. Reckless, willful or wanton misconduct shall constitute gross negligence.

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

"Hazardous substances." All substances which are defined as hazardous in the act of November 9, 1965 (P.L.657, No.323), known as the "Hazardous Substances Transportation Act," or any subsequent amendment thereto.

"Person." Any individual, partnership, corporation, association or other entity. (Dec. 1, 1982, P.L.767, No.220, eff. 60 days) 1982 Amendment. Act 220 added section 8336. References in Text. The act of November 9, 1965, P.L.657, No.323, known as the Hazardous Substances Transportation Act, referred to in subsec. (e), was repealed by the act of June 30, 1984, P.L.473, No.99. The subject matter is now contained in
42 Pa.C.S. § 7304 — PA Code / Title 42 / Chapter 73 / Section 7304
Court proceedings to compel or stay arbitration.
Status: in_force

(a) Compelling arbitration.--On application to a court to compel arbitration made by a party showing an agreement described in section 7303 (relating to validity of agreement to arbitrate) and a showing that an opposing party refused to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of an agreement to arbitrate, the court shall proceed summarily to determine the issue so raised and shall order the parties to proceed with arbitration if it finds for the moving party. Otherwise, the application shall be denied.

(b) Stay of arbitration.--On application of a party to a court to stay an arbitration proceeding threatened or commenced the court may stay an arbitration on a showing that there is no agreement to arbitrate. When in substantial and bona fide dispute, such an issue shall be forthwith and summarily tried and determined and a stay of the arbitration proceedings shall be ordered if the court finds for the moving party. If the court finds for the opposing party, the court shall order the parties to proceed with arbitration.

(c) Venue.--If a controversy alleged to be or not to be referable to arbitration under the agreement is also involved in an action or proceeding pending in a court having jurisdiction to hear applications to compel or stay arbitration, the application shall be made to that court. Otherwise, subject to section 7319 (relating to venue of court proceedings), the application may be made in any court of competent jurisdiction.

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

(e) No examination of merits.--An application for a court order to proceed with arbitration shall not be refused, nor shall an application to stay arbitration be granted, by the court on the ground that the controversy lacks merit or bona fides or on the ground that no fault or basis for the controversy sought to be arbitrated has been shown. Cross References. Section 7304 is referred to in sections 7314, 7320 of this title.
42 Pa.C.S. § 5742 — PA Code / Title 42 / Chapter 57 / Section 5742
Licensure required.
Status: in_force

No person shall engage in, or continue to engage in, the business of a bail bondsman unless the person has been licensed by the department as an insurance producer under Article VI-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, and possesses a casualty line of authority. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42 Pa.C.S. § 9781 — PA Code / Title 42 / Chapter 97 / Section 9781
Appellate review of sentence.
Status: in_force

(a) Right to appeal.--The defendant or the Commonwealth may appeal as of right the legality of the sentence.

(b) Allowance of appeal.--The defendant or the Commonwealth may file a petition for allowance of appeal of the discretionary aspects of a sentence for a felony or a misdemeanor to the appellate court that has initial jurisdiction for such appeals. Allowance of appeal may be granted at the discretion of the appellate court where it appears that there is a substantial question that the sentence imposed is not appropriate under this chapter.

(c) Determination on appeal.--The appellate court shall vacate the sentence and remand the case to the sentencing court with instructions if it finds:

(1) the sentencing court purported to sentence within the sentencing guidelines but applied the guidelines erroneously;

(2) the sentencing court sentenced within the sentencing guidelines but the case involves circumstances where the application of the guidelines would be clearly unreasonable; or

(3) the sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable. In all other cases the appellate court shall affirm the sentence imposed by the sentencing court.

(d) Review of record.--In reviewing the record the appellate court shall have regard for:

(1) The nature and circumstances of the offense and the history and characteristics of the defendant.

(2) The opportunity of the sentencing court to observe the defendant, including any presentence investigation.

(3) The findings upon which the sentence was based.

(4) The guidelines promulgated by the commission.

(e) Right to bail not enlarged.--Nothing in this chapter shall be construed to enlarge the defendant's right to bail pending appeal.

(f) Limitation on additional appellate review.--No appeal of the discretionary aspects of the sentence shall be permitted beyond the appellate court that has initial jurisdiction for such appeals.

(g) Implementing rules of court.--(Repealed). (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Repeal. Act 142 repealed subsec. (g). Effective Date. Section 218(b) of Act 142 of 1980 provided that the provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781) shall take effect upon the effective date of initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted January 5, 1982, and became effective July 22, 1982. Cross References. Section 9781 is referred to in section 724 of this title.
42 Pa.C.S. § 4548 — PA Code / Title 42 / Chapter 45 / Section 4548
Powers of investigating grand jury.
Status: in_force

(a) General rule.--The investigating grand jury shall have the power to inquire into offenses against the criminal laws of the Commonwealth alleged to have been committed within the

county or counties in which it is summoned. Such power shall include the investigative resources of the grand jury which shall include but not be limited to the power of subpoena, the power to obtain the initiation of civil and criminal contempt proceedings, and every investigative power of any grand jury of the Commonwealth. Such alleged offenses may be brought to the attention of such grand jury by the court or by the attorney for the Commonwealth, but in no case shall the investigating grand jury inquire into alleged offenses on its own motion.

(b) Presentments.--The investigating grand jury shall have the power to issue a presentment with regard to any person who appears to have committed within the county or counties in which such investigating grand jury is summoned an offense against the criminal laws of the Commonwealth.

(c) Other powers.--Except for the power to indict, the investigating grand jury shall have every power available to any other grand jury in the Commonwealth. The jurisdiction, powers and activities of an investigating grand jury shall not, if otherwise lawful, be limited in any way by the charge of the court.
42 Pa.C.S. § 9546 — PA Code / Title 42 / Chapter 95 / Section 9546
Relief and order.
Status: in_force

(a) General rule.--If the court rules in favor of the petitioner, it shall order appropriate relief and issue supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that are necessary and proper.

(b) Grounds to be stated.--(Deleted by amendment).

(c) Status of order.--(Deleted by amendment).

(d) Review of order in death penalty cases.--An order under this subchapter granting the petitioner final relief in a case in which the death penalty has been imposed shall be directly appealable by the Commonwealth to the Supreme Court pursuant to its rules. An order under this subchapter denying a petitioner final relief in a case in which the death penalty has been imposed shall not be reviewable in the Superior Court but shall be reviewable only by petition for allowance of appeal to the Supreme Court. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.) 1997 Amendment. Act 33 amended subsec. (d).

Suspension by Court Order. The 1995 and 1997 amendments to section 9546 were suspended August 11, 1997, S.Ct. Order. Cross References. Section 9546 is referred to in section 722 of this title.
42 Pa.C.S. § 9799.21 — PA Code / Title 42 / Chapter 97 / Section 9799.21
Penalty.
Status: in_force

(a) Registration.--An individual set forth in section 9799.13 (relating to applicability) may be subject to prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to comply with registration requirements) if the individual fails to:

(1) register with the Pennsylvania State Police as set forth in section 9799.15 (relating to period of registration), 9799.19 (relating to initial registration) or 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police);

(2) verify the information provided by the individual or be photographed as provided in sections 9799.15, 9799.19 and 9799.25; or

(3) provide accurate information when registering under sections 9799.15, 9799.19 and 9799.25.

(b) Counseling.--A sexually violent predator or sexually violent delinquent child may be subject to prosecution under 18 Pa.C.S. § 4915.1 if he fails to comply with section 9799.36 (relating to counseling of sexually violent predators). (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012) 2021 Unconstitutionality. Section 9799.21 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.21 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). Cross References. Section 9799.21 is referred to in section 9799.22 of this title.
42 Pa.C.S. § 1725.7 — PA Code / Title 42 / Chapter 17 / Section 1725.7
Petition for expungement or order for limited access fee.
Status: in_force

(a) General rule.--In addition to any other fee authorized by law, a person who files a petition for expungement under 18 Pa.C.S. § 9122 (relating to expungement) or a petition for an order for limited access under 18 Pa.C.S. § 9122.1 (relating to order for limited access) shall pay a fee of $132 to the clerk of courts at the time of filing.

(b) Distribution.--The clerk of courts shall ensure that the fee is distributed as follows:

(1) One-quarter to the Administrative Office of Pennsylvania Courts.

(2) One-quarter to the Pennsylvania State Police.

(3) One-quarter to the district attorney of the county.

(4) One-quarter to the clerk of courts. (Feb. 16, 2016, P.L.10, No.5, eff. 270 days)

2016 Amendment. Act 5 added section 1725.7.
42 Pa.C.S. § 4582 — PA Code / Title 42 / Chapter 45 / Section 4582
Tampering with names of jurors.
Status: in_force

Any person who directly or indirectly unlawfully tampers with the names drawn from the master list of prospective jurors or jury wheel or with the master list of prospective jurors or

jury wheel or with any array or jury list commits a misdemeanor of the second degree.
42 Pa.C.S. § 5982 — PA Code / Title 42 / Chapter 59 / Section 5982
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Child" or "children." An individual or individuals under 18 years of age.

"Contemporaneous alternative method." Any method of capturing the visual images, oral communications and other information presented during a prosecution or adjudication involving a child victim or a child material witness and transmitting and receiving such images, communications and other information at or about the time of their creation, including, but not limited to, closed-circuit television, streaming image sent via the Internet or an intranet and any other devices or systems used to accomplish such ends.

"Minor." An individual who, at the time of the commission of the offense involving sexual or physical abuse, is under 18 years of age.

"Qualified shorthand reporter." An individual engaged in the active practice of general shorthand reporting who is skilled in the art of verbatim reporting by the use of a written shorthand system, whether manual or machine; or any individual who is an official court or legislative reporter; or any individual who is the holder of a certified shorthand reporter certificate mandated by State or Federal law. (Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109, eff. 60 days; Feb. 5, 2020, P.L.1, No.1, eff. 60 days) Cross References. Section 5982 is referred to in section 593 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 7321.14 — PA Code / Title 42 / Chapter 73 / Section 7321.14
Action by majority.
Status: in_force

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators but all of them shall conduct the hearing under section 7321.16(c) (relating to arbitration process).
42 Pa.C.S. § 2104 — PA Code / Title 42 / Chapter 21 / Section 2104
Staff and operations.
Status: in_force

The Judicial Conduct Board shall appoint a chief counsel and other staff, prepare and administer its own budget as provided by law, exercise supervisory and administrative authority over all board staff and board functions, establish and promulgate its own rules of procedure, prepare and disseminate an annual report and take other actions as are necessary to ensure its efficient operation. The budget request of the board shall be made by the board as a separate item in the request submitted by the Supreme Court on behalf of the Judicial Board to the General Assembly.
42 Pa.C.S. § 8333 — PA Code / Title 42 / Chapter 83 / Section 8333
Body fluid and tissue limited civil immunity.
Status: in_force

(a) General rule.--No person shall be held liable for death, disease or injury resulting from the lawful transfusion of blood, blood components or plasma derivatives, or from the lawful transplantation or insertion of tissue, bone or organs, except upon a showing of negligence on the part of such person. Specifically excluded hereunder is any liability by reason of any rule of strict liability or implied warranty or any other warranty not expressly undertaken by the party to be charged.

(b) Definition.--As used in this section the term "negligence" shall include but not be limited to any failure to observe accepted standards in the collection, testing, processing, handling, storage, transportation, classification, labelling, transfusion, injection, transplantation or other preparation or use of any such blood, blood components, plasma derivatives, tissue, bone or organs.
42 Pa.C.S. § 1725 — PA Code / Title 42 / Chapter 17 / Section 1725
Establishment of fees and charges.
Status: repealed

(a) General rule.--(Repealed).

(b) Procedure.--(Repealed).

(c) Counties of the first class.--

(1) The following fees shall be received by the clerks of orphans' courts of counties of the first class:

(i) The following fees shall be charged for the filing of accounts of guardians and trustees based upon the size of the estate: $14.00 Estate not exceeding $1,000 .............. Each additional $1,000 or fraction thereof over $1,000, but not exceeding $10,000 ...... 7.00 140.00 Over $10,000, but not exceeding $25,000 .. 279.00 Over $25,000, but not exceeding $100,000 ............................................... 419.00 Over $100,000, but not exceeding $500,000 ............................................... 559.00 Over $500,000, but not exceeding $1,000,000 Each additional $500,000 or fraction thereof over $1,000,000 ...................... 300.00

(ii) The following fees shall be charged for the indicated activity or function: $3.00 Affidavit ................................ 35.00 Appeal to Supreme Court .................. 3.00 Attachment ............................... 14.00 Auditor's report ......................... 7.00 Bond ...................................... 7.00 Bond, refunding .......................... 7.00 Claim of creditor ........................ 3.00 Copy of any record, per page ............ 7.00 Disclaimer ............................... 8.00 Docket entries, per page ................. 7.00 Election to take under or against will .. Exceptions to adjudication, opinion and decree or master's or auditor's report ...... 14.00 14.00 Execution of deed by clerk ............... 7.00 Excerpt from schedule and certification .. 7.00 Exemplification of any record ........... 7.00 Exemption, petition for .................. Family settlement: 25.00 not exceeding three pages ............ 6.00 each additional page ................. Guardian, appointment of: 14.00 not exceeding $2,500 ................. 35.00 exceeding $2,500 .....................

3.00 Inventory, guardian's .................... 5.00 Marriage license ......................... (Plus $10.00 surcharge for Commonwealth of Pennsylvania) 3.00 Consent of parent or guardian ........... 3.00 Appointment of temporary guardian ....... 13.00 Master's report .......................... 14.00 Petition and decree ...................... 28.00 Petition and decree for citation ........ Pleading (other than petition): answer to preliminary objections or exceptions ............................... 7.00 14.00 Preliminary objections ................... 3.00 Satisfaction of award, each .............. 3.00 Short certificate ........................ 14.00 Stipulation .............................. 3.00 Subpoena .................................

(iii) The clerk of orphans' courts of counties of the first class are authorized to establish fees for services required by statute or rule of court which are not specifically provided for in this paragraph. Any such additional fees shall be the same as those imposed for similar services. The clerks shall not be required to perform any service until the requisite fee is paid.

(2) The fees to be received by the Prothonotary on behalf of the Trial Division and as Clerk of the Family Division of the Court of Common Pleas in counties of the first class shall be as follows:

(i) Appeals: The filing of an appeal to the Supreme, Superior or the Commonwealth Court, including all services ................... $161.00 The filing of any other appeal, including, but not limited to, an appeal from an award in compulsory arbitration, an appeal from administrative agencies, petition for a writ of certiori, appeals from the Municipal Court, appeals from the Board of View and the Board of Revision of Taxes ..................................... 86.00 (This appeal fee is exclusive of any jury listing fee set forth in this act. This fee does not include the costs of compensation of arbitrators. (See Pa.R.C.P. No.1308))

(ii) Certifications: $27.00 Any certification or certificate .... 54.00 Any exemplification .................. If the same involves more than one page, for each additional page ........... 3.00 (A certificate or certification is defined as the authentication of any record by affixing the seal of the court. Includes letters rogatory and interrogatories to commissioners.)

(iii) Commencement of actions: 172.00 Commencement of any civil action...... (Commencement of action includes the institution of any civil action, divorce or adoption action

by writ of summons, complaint, petition or report of intent to adopt, the filing of any partnership or association agreements or any billing pursuant to the Bulk Sale Act.)

(iv) Automation maintenance fee: Parties - to be paid at time of commencement of action, appeal or defendant's first filing ................. $5.00 Nonparty - providing docket entries for a nonparty per docket entry each ......... 5.00 The funds generated by this computer service charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement on behalf of the Court of Common Pleas of the First Judicial District. This fund shall be maintained in a dedicated account which shall be used for the development and implementation of effective and efficient automation within the Office of the Prothonotary as well as civil computer hardware, services and programs in the First Judicial District.

(v) Custody: $32.00 Custody, partial custody or visitation................................. 16.00 Respondent's first responsive filing ........................................... Other motions and petitions - (See petitions and motions) Thirteen percent of the funds generated by the charge under this subparagraph shall be transmitted by the prothonotary to the Administrative Office to pay for the implementation of section 1904 (relating to availability of criminal charge information in child custody proceedings).

(vi) Defendant's first filing: The filing by or on behalf of any defendant (or additional defendant) of an entry of appearance, answer, preliminary objections, writ to join (with entry of appearance) or complaint against additional defendant or any paper not otherwise provided for in this paragraph. A pleading, appearance or other paper not otherwise provided for in this act filed on behalf of more than one defendant shall require only one fee. The filing of separate initial pleadings by a defendant require a separate fee .............................. $86.00

(vii) Divorce: Commencement of action - (See commencement of actions) Defendant's first filing - (See defendant's first filing) Other petitions and motions - (See petitions and motions) $43.00 Praecipe to transmit: ................

Motion for appointment of permanent master ................................ 322.00

(viii) Eminent domain: Commencement of action by declaration of taking or petition for a board of view - (See commencement of actions)

(ix) (Deleted by amendment) $1.00

(x) Judicial education fee .............. There shall be added to every commencement of action fee and defendant's first filing fee the additional sum of $1.00 for the purpose of providing funding for the continuing judicial education and training for members of the judiciary of the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for judicial education and training.

(xi) Judgments: Judgment by confession or complaint in confession of judgment (See Pa.R.C.P. Nos.2950-2974) ............................ $54.00 Entry of judgment from other jurisdiction .............................. 54.00

(xii) Liens and reimbursement agreements: The filing of any Federal tax lien, Commonwealth and municipal tax liens, mechanics' lien or waiver of mechanics' lien and any other lien not specifically covered under this act ................... $21.00 (Mechanics' lien fee does not include commencement of action fee when complaint is filed.)

(xiii) Petitions and motions: The filing of any petition or motion, excluding commencement of action (See commencement of actions) ................. $27.00 $38.00

(xiv) Name search .......................

(xv) Subpoena: Issuance of subpoena as authorized by Pa.R.C.P. No.234.2 ....................... $5.00 Producing a record in response to subpoena based on four-hour service or fraction thereof .......................... $43.00 Service beyond four hours, per hour or fraction thereof .......................... 11.00 For each mile traveled (round trip) for service out of county .................... 00.365 $161.00

(xvi) Trial listing/jury demand ......... $1.00

(xvii) Record retention fee ............. A record retention fee shall be added to every motion or petition, excluding a motion or petition which constitutes an initial filing, the additional sum of $1.00 for the purpose of providing funding to establish and maintain a record retention program for the First Judicial District. The funds generated by this charge shall be set aside by the Prothonotary and remitted monthly to the First Judicial

District procurement to be maintained in a separate account and used for record retention purposes.

(xviii) Prothonotary automation development fee ............................... $5.00 In addition to any other fee authorized by law, an automation fee may be charged and collected by the prothonotary upon initiation of any action or legal proceeding. The automation fee shall be deposited into a special prothonotary automation fund established for and maintained by the First Judicial District of Pennsylvania. Moneys deposited into the special prothonotary automation fund and any interest accrued thereon shall be used solely for the purpose of prothonotary automation, including automation updates.

(xix) The prothonotary is authorized, with the approval of the President Judge, to establish fees for services required by statute or general rule which are not specifically provided for in this paragraph. Any fees so established shall be the same as those imposed for similar services. The prothonotary shall not be required to receive any paper or perform any service until the proper fee is paid.

(xx) Refunds: There will be no refund of any amount less than $15. The jury fee when paid shall not be refunded.

(xxi) (Deleted by amendment). $5.00

(xxii) Special court administration fee ............................................... There shall be added to every commencement of action fee and defendant's first filing fee the additional sum of $5.00 for the purpose of providing funding for the administration of gun and zone courts in the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District special gun and zone court fund. The money in the fund and any interest accrued thereon shall be used solely for the purpose of administration of gun and zone courts.

(xxiii) The fees enumerated in this paragraph shall be exclusive of any tax, law library surcharge or any other surcharge or assessment existing or hereafter levied.

(3) The fees to be received by the prothonotary on behalf of the Philadelphia Municipal Court in civil actions shall be as follows:

(i) Commencement of civil action $0 to $2,000 ........................................ $20.00

(ii) Commencement of civil actions $2,001 to $12,000 .................................... $40.00

(iii) Commencement of landlord and tenant civil actions $0 to $2,000 ................... $20.00

(iv) Commencement of landlord and tenant actions $2,001 to $10,000 .................... $40.00

(v) Commencement of landlord and tenant civil actions over $10,000 ................... $60.00 $5.00

(vi) Indexing ............................ $4.00

(vii) Writ of possession ................ $10.00

(viii) Motions (petitions) ..............

(ix) Additional defendant filing shall be same as initial filing

(x) Counterclaim shall be same as initial filing

(xi) Cross-claim shall be same as initial filing

(xii) Setoffs shall be same as initial filing $3.00

(xiii) Subpoena .......................... $6.00

(xiv) Writ of revival ................... $1.00

(xv) Record retention fee ............... There shall be added to every motion the additional sum of $1 for the purpose of providing funding for establishing and maintaining a record retention program for the First Judicial District. The funds generated by this charge shall be set aside by the prothonotary and remitted monthly to the First Judicial District procurement to be maintained in a separate account and used for record retention purposes.

(xvi) Automation fee:

(A) Initial pleading in all civil actions and landlord tenant actions ...... $5.00 $2.00

(B) All civil petitions and motions .. The funds generated by this automation fee shall be set aside by the prothonotary and remitted monthly to the First Judicial District.

(xvii) The fees enumerated in this paragraph do not cover any costs for services performed by the sheriff or other writ server. Service of initial process shall be $27. All other fees of the sheriff or other writ server shall be in accordance with the sheriff's fee bill applicable to Philadelphia County.

(xviii) The commencement of any action or proceeding as well as complaints and all writs shall be exempt from any library fee or taxes.

(4) Beginning on January 1, 2008, and each January 1 thereafter, the prothonotary may, with the approval of the president judge of the applicable court, periodically increase any fee or charge imposed as of the effective date of this paragraph pursuant to paragraphs (2) or (3). However, no such fee or charge may be increased more than once in any three-year period, and the amount of any increase may not be greater than the percentage of increase in the Consumer Price Index for Urban Workers for the immediate three years preceding the last increase in the fee or charge.

(5) The First Judicial District of Pennsylvania may impose a charge for the production of records produced pursuant to a subpoena served on the First Judicial District or its employees as follows:

(i) Producing a record in response to a subpoena based on four-hour service or fraction thereof ....................................... $43.00

(ii) Service beyond four hours, per hour or fraction thereof ........................... 11.00

(iii) For each mile traveled (round trip) for service out of county .................... 00.365

(6)

(i) In counties of the first class, there shall be charged and set apart by the officers receiving the fees fixed under this section an amount equal to 20% of the filing fees at the time in effect for the probate of wills, the issue of letters testamentary, the issue of letters of administration and the filing of accounts with the register of wills, the filing of accounts of trustees and guardians, and of all filings in the office of the prothonotary of the court of common pleas of the county.

(ii) The provisions of this paragraph shall not apply to any actions taken or initiated by any political subdivision.

(iii) The funds set aside shall be remitted monthly to the First Judicial District and deposited into a family court facility fund, which is to be established and used by the First Judicial District to fund the lease, purchase and maintenance of appropriate family court facilities and for related purposes.

(d) Counties of the second class.--In counties of the second class, the prothonotary and the clerk of the orphans' court division shall set apart from the fees fixed in this subsection or under any other statute and collected by them on the following actions, proceedings and appeals and remit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county:

(1) The sum of $1 for appeals to the court of common pleas from any administrative agency, independent agency, government unit, government agency or Commonwealth agency.

(2) The sum of $1 for appeals that are filed with or are to be heard by the court of common pleas which appeals are not specifically set forth in paragraph (1), including, but not limited to, appeals from magisterial district judges, the Pittsburgh Magistrates Court and the Traffic Court of Pittsburgh.

(3) The sum of $1 for appointments of Boards of View.

(4) The sum of $1 for certiorari to magisterial district judges and the Pittsburgh Magistrates Court and the Traffic Court of Pittsburgh.

(5) The sum of $1 for the commencement of a civil action or proceeding.

(6) The sum of $1 for the filing of a praecipe for and issuance of a writ of execution or attachment.

(7) The sum of $1 for the entry of a judgment by confession or otherwise.

(8) The sum of $1 for the filing of adversary and amicable scire facias proceedings.

(9) The sum of $1 for every filing with respect to fictitious names, whether individual or corporate.

(10) The sum of $1 for the probate of a will, the issuance of letters of administration or a petition for disposition of decedents estates independent of the issuance of letters testamentary or of administration.

(11) The sum of $1 for the filing of an account of fiduciary in the office of the clerk of the orphans' court division or in the office of the prothonotary.

(12) The sum of $1 for the filing of a petition for a writ of habeas corpus for the custody of a minor child or a petition for the award of custody of a minor child.

(13) The sum of $1 for the filing of a praecipe for the issuance of miscellaneous writs, for the filing of a petition for a citation or for the filing of a caveat not specifically provided for in this subsection.

(e) Counties of the second class A.--In counties of the second class A, the prothonotary, the register of wills and the clerk of the court shall set apart from the fees fixed in this subsection or under any other statute and collected by them on the following actions and proceedings and remit monthly the total collected to the county treasurer for the exclusive use and benefit of the public law library in the county if the county commissioners so request and in the amount they so request:

(1) The sum of not less than $5 nor more than $40 for the commencement of any civil action or proceeding.

(2) The sum of not less than $5 nor more than $40 for the probate of a will, the issuance of letters of administration or any petition for disposition of decedents estates independent of the issuance of letters testamentary or of administration.

(3) The sum of not less than $5 nor more than $40 for each misdemeanor or felony case processed by the clerk of courts. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Oct. 7, 1996, P.L.691, No.119, eff. 120 days; June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 7, 2006, P.L.378, No.81, eff. 7 days; July 7, 2011, P.L.207, No.30, eff. imd.) 2011 Amendment. Act 30 amended subsec. (c)(3)(ii). 2006 Amendment. Act 81 amended subsec. (c)(2) and added subsec. (c)(3), (4), (5) and (6). Section 5 of Act 81 provided that Act 81 shall apply to all actions instituted on or after the effective date of Act 81. 2004 Amendment. Act 207 amended subsec. (d)(2) and (4). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1992 Amendment. Act 140 repealed subsecs. (a) and (b) and added subsecs. (c), (d) and (e). Special Provisions in Appendix. See section 24 of Act 142 of 1976 in the appendix to this title for special provisions relating to financial matters. Cross References. Section 1725 is referred to in sections 1702, 1725.1, 1904, 3542, 3571 of this title.
42 Pa.C.S. § 5322 — PA Code / Title 42 / Chapter 53 / Section 5322
Bases of personal jurisdiction over persons outside this Commonwealth.
Status: in_force

(a) General rule.--A tribunal of this Commonwealth may exercise personal jurisdiction over a person (or the personal representative of a deceased individual who would be subject to jurisdiction under this subsection if not deceased) who acts directly or by an agent, as to a cause of action or other matter arising from such person:

(1) Transacting any business in this Commonwealth. Without excluding other acts which may constitute transacting business in this Commonwealth, any of the following shall constitute transacting business for the purpose of this paragraph:

(i) The doing by any person in this Commonwealth of a series of similar acts for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object.

(ii) The doing of a single act in this Commonwealth for the purpose of thereby realizing pecuniary benefit or otherwise accomplishing an object with the intention of initiating a series of such acts.

(iii) The shipping of merchandise directly or indirectly into or through this Commonwealth.

(iv) The engaging in any business or profession within this Commonwealth, whether or not such business requires license or approval by any government unit of this Commonwealth.

(v) The ownership, use or possession of any real property situate within this Commonwealth.

(2) Contracting to supply services or things in this Commonwealth.

(3) Causing harm or tortious injury by an act or omission in this Commonwealth.

(4) Causing harm or tortious injury in this Commonwealth by an act or omission outside this Commonwealth.

(5) Having an interest in, using, or possessing real property in this Commonwealth.

(6)

(i) Contracting to insure any person, property, or risk located within this Commonwealth at the time of contracting.

(ii) Being a person who controls, or who is a director, officer, employee or agent of a person who controls, an insurance company incorporated in this

Commonwealth or an alien insurer domiciled in this Commonwealth.

(iii) Engaging in conduct described in section 504 of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.

(7) Accepting election or appointment or exercising powers under the authority of this Commonwealth as a:

(i) Personal representative of a decedent.

(ii) Guardian of a minor or incapacitated person.

(iii) Trustee or other fiduciary.

(iv) Director or officer of a corporation.

(8) Executing any bond of any of the persons specified in paragraph (7).

(9) Making application to any government unit for any certificate, license, permit, registration or similar instrument or authorization or exercising any such instrument or authorization.

(10) Committing any violation within the jurisdiction of this Commonwealth of any statute, home rule charter, local ordinance or resolution, or rule or regulation promulgated thereunder by any government unit or of any order of court or other government unit.

(b) Exercise of full constitutional power over nonresidents.--In addition to the provisions of subsection (a) the jurisdiction of the tribunals of this Commonwealth shall extend to all persons who are not within the scope of section 5301 (relating to persons) to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with this Commonwealth allowed under the Constitution of the United States.

(c) Scope of jurisdiction.--When jurisdiction over a person is based solely upon this section, only a cause of action or other matter arising from acts enumerated in subsection (a), or from acts forming the basis of jurisdiction under subsection

(b), may be asserted against him.

(d) Service outside this Commonwealth.--When the exercise of personal jurisdiction is authorized by this section, service of process may be made outside this Commonwealth.

(e) Inconvenient forum.--When a tribunal finds that in the interest of substantial justice the matter should be heard in another forum, the tribunal may stay or dismiss the matter in whole or in part on any conditions that may be just. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days) 1992 Amendment. Act 24 amended subsec. (a). Cross References. Section 5322 is referred to in sections 5323, 5329, 62A05 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 6103 of Title 23 (Domestic Relations).
42 Pa.C.S. § 2752 — PA Code / Title 42 / Chapter 27 / Section 2752
Selection of clerk of the courts.
Status: in_force

(a) General rule.--The clerk of the courts of each county shall be selected, and may be removed, in the manner provided by the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code" or the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," as the case may be. The office shall be combined with another county office when so provided by statute.

(b) Philadelphia.--The Clerk of Quarter Sessions of Philadelphia shall be selected, and may be removed, in the manner provided by statute or home rule charter. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (a), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).
42 Pa.C.S. § 4563.1 — PA Code / Title 42 / Chapter 45 / Section 4563.1
Protection of employment of grand jurors (Deleted by amendment).
Status: in_force

1982 Amendment. Section 4563.1 was deleted by amendment December 20, 1982, P.L.1409, No.326, effective in 60 days.
42 Pa.C.S. § 8332.6 — PA Code / Title 42 / Chapter 83 / Section 8332.6
Antidrug and town-watch volunteer civil immunity.
Status: in_force

(a) General rule.--An antidrug or town-watch volunteer who acts in good faith and within the scope of the volunteer's role with an antidrug or crime prevention volunteer organization or government agency shall be immune from civil liability for damage caused by acts or omissions unless all of the following apply:

(1) The conduct of the volunteer falls substantially below the standards generally practiced and accepted in like circumstances by similar persons rendering such services.

(2) It is shown that the volunteer performed an act or failed to perform an act which the volunteer was under a recognized duty to another to perform, knowing or having reason to know that such act or omission created a substantial risk or actual harm to the person or property of another. It is insufficient to impose liability under this paragraph to establish only that the conduct of the volunteer fell below ordinary standards of care.

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

"Antidrug or town-watch volunteer." A person performing services for an antidrug or town-watch volunteer organization or government agency without compensation other than reimbursement for actual expenses incurred. The term includes

a volunteer serving as a director, officer, trustee or direct service volunteer.

"Antidrug or town-watch volunteer organization." A nonprofit organization, corporate volunteer program, medical facility or substance abuse treatment program that uses volunteers to reduce crime and drug use in the community.

"Corporate volunteer program." A program administered by an entity other than a nonprofit organization or government agency that enlists primarily its own employees, retirees, partners or professional affiliates in a volunteer capacity to achieve objectives that would qualify as charitable under section 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)).

"Nonprofit organization." An organization which is described in section 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)), whether or not it has been certified by the Internal Revenue Service. (June 25, 2001, P.L.697, No.66, eff. 60 days) 2001 Amendment. Act 66 added section 8332.6. See the preamble to Act 66 in the appendix to this title for special provisions relating to legislative findings and declarations.
42 Pa.C.S. § 5952 — PA Code / Title 42 / Chapter 59 / Section 5952
Confidential communications to peer support members.
Status: in_force

(a) Disclosure.--Except as provided under subsection (c), a peer support member who, while in the course of duty, has acquired information from a law enforcement officer in confidence may not be compelled or allowed without the consent of the law enforcement officer to disclose that information in any legal proceeding, trial or investigation before any government unit.

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

(c), a coparticipant who is present during the provision of peer support services may not be compelled or allowed, without the consent of the affected law enforcement officer, to disclose any communication made during the provision of peer support services in a legal proceeding, trial or investigation before a government unit.

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

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

(1) The communication indicates clear and present danger to the law enforcement officer who received peer support services or to other individuals.

(2) The law enforcement officer who received peer support services gives express consent to the disclosure.

(3) The law enforcement officer who received peer support services is deceased and the surviving spouse or the executor or administrator of the estate of the deceased law enforcement officer gives express consent.

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

"Coparticipant." An individual who participates in the provision of peer support services.

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

"Law enforcement officer." Any of the following:

(1) A member of the Pennsylvania State Police.

(2) Any enforcement officer or investigator employed by the Pennsylvania Liquor Control Board.

(3) A parole agent of the Department of Corrections.

(4) A Capitol Police officer.

(5) A Department of Conservation and Natural Resources ranger.

(6) A drug enforcement agent of the Office of Attorney General whose principal duty is the enforcement of the drug laws of this Commonwealth and a special agent of the Office of Attorney General whose principal duty is the enforcement of the criminal laws of this Commonwealth.

(7) Any member of a port authority or other authority police department.

(8) Any police officer of a county, region, city, borough, town or township.

(9) Any sheriff or deputy sheriff.

(10) A member of the Pennsylvania Fish and Boat Commission.

(11) A Pennsylvania Wildlife Conservation Officer.

(12) A member of a campus police force with the power to arrest under section 2416 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. As used in this paragraph, the term "campus police" has the meaning given in section 302 of the act of November 29, 2004 (P.L.1383, No.180), known as the Uniform Crime Reporting Act.

(13) A member of the Fort Indiantown Gap Police Force.

"Peer support member." A law enforcement officer who:

(1) Is assigned by a law enforcement agency.

(2) Receives a minimum of 24 hours of basic training in peer services, including listening, assessment and referral skills and basic critical incident stress management.

(3) Receives eight hours of continuing training each year.

(4) May be supervised by licensed psychologists. (July 9, 2010, P.L.381, No.53, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (d). See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. 2010 Amendment. Act 53 added section 5952.
42 Pa.C.S. § 27 — PA Code / Title 42 / Chapter 27 / Section 27
Required county detention services.
Status: in_force

(a) General rule.--Each county, acting alone or in conjunction with other counties as provided in section 28, shall by December 31, 1978, submit to the Department of Public Welfare for approval a plan for the removal of children from adult facilities. If no such plan is submitted or accepted by the department within the allocated period, the department, after determining the detention needs of individual counties, shall thereafter take whatever steps it deems necessary to provide the required detention services for any such county or counties; including the construction of a regional detention facility to meet the needs of the counties insofar as is consistent with prohibitions against the use of adult facilities for juvenile offenders as provided in Chapter 63 of Title 42 of the Pennsylvania Consolidated Statutes (relating to juvenile matters). The department, after exhausting all other available funds including Law Enforcement Assistance Administration funds and any other Federal or State funds available for such purpose, shall charge the cost of establishing the necessary regional detention facilities to the counties that will utilize its services.

(b) Charges imposed upon counties.--The amount due the Commonwealth for the services or facilities provided pursuant to subsection (a) shall be paid by the county within 15 months after receipt of notice of the amount due. In determining the amount which each county shall be charged for the establishment of a regional detention facility, the department shall take into account the extent to which the participating counties shall utilize the facilities.

(c) Limitation on charges.--Except as provided in subsection

(d), the charges made by the department against any county pursuant to this subsection shall not exceed $50,000.

(d) Additional charges.--In addition to the charges authorized for the providing of regional detention facilities and notwithstanding the limitations on such charges set forth in subsection (c), the Commonwealth shall be entitled to an additional amount for providing such facilities equivalent to 7% of the costs imposed on the county.

(e) Disposition of charges.--All sums collected from the counties pursuant to this subsection shall be paid into the General Fund and credited to the Department of Public Welfare. 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.

§ 28. Regional detention facilities.

(a) General rule.--Where the operation of an approved detention facility by a single county would not be feasible, economical or conducive to the best interest of a child needing detention care, the Department of Public Welfare shall:

(1) Make provisions directly or by contract with a single county for the implementation and operation, in accordance with the regulations promulgated by the Department of Public Welfare, of regional detention facilities serving the needs of two or more counties.

(2) Arrive at mutually agreeable arrangements with counties participating in the use of such regional detention facilities for the equitable sharing in the costs of constructing and operating such regional detention facilities, including necessary expenditures to transport children and, if financially indigent, their parents, guardians, or custodians to and from such regional detention facilities with funds contributed by the State and by such counties. The department shall only operate a regional detention facility, established under section 27(a), upon refusal of the counties participating in its use to operate the facility pursuant to department regulations.

(b) Use of Commonwealth facilities.--The Department of General Services shall make available any vacant Commonwealth building which the Department of Public Welfare certifies as appropriate for renovation as a regional detention facility. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
42 Pa.C.S. § 5992 — PA Code / Title 42 / Chapter 59 / Section 5992
Definitions.
Status: in_force

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

"Autism spectrum disorder." Any of the pervasive developmental disorders defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified.

"Individual with an intellectual disability or autism." As follows:

(1) Regardless of the age of the individual, an individual with significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas:

(i) Communication.

(ii) Self-care.

(iii) Home living.

(iv) Social and interpersonal.

(v) Use of community resources.

(vi) Self-direction.

(vii) Functional academic.

(viii) Work.

(ix) Health and safety.

(2) The term also includes an individual, regardless of age, who has an autism spectrum disorder. (Sept. 30, 2021, P.L.400, No.71, eff. 60 days) 2021 Amendment. Act 71 amended the def. of "autism spectrum disorder." Cross References. Section 5992 is referred to in section 2505 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 9124 — PA Code / Title 42 / Chapter 91 / Section 9124
Form of demand.
Status: in_force

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of crime) that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. Cross References. Section 9124 is referred to in section 9127 of this title.
42 Pa.C.S. § 8526 — PA Code / Title 42 / Chapter 85 / Section 8526
Counterclaim by the Commonwealth.
Status: in_force

In any action initiated under this subchapter, the Commonwealth may set forth any cause of action or set-off which it has against the plaintiff. A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different in kind from that demanded by the plaintiff. Cross References. Section 8526 is referred to in sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).
42 Pa.C.S. § 2737.1 — PA Code / Title 42 / Chapter 27 / Section 2737.1
Incorrect debtor identified.
Status: in_force

(a) Procedure.--A creditor that files for a judgment by confession under section 2737(3) (relating to powers and duties of the office of the prothonotary) shall comply with the Pennsylvania Rules of Civil Procedure regarding confession of judgment, including any notice provisions. A debtor who has been incorrectly identified and had a confession or judgment entered against him may petition the court for costs and reasonable attorney fees as determined by the court.

(b) Effect on judgment.--A judgment shall not be stricken or opened because of a creditor's failure to provide a correctly identified debtor with instructions pursuant to this section regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (Dec. 20, 2000, P.L.742, No.105, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.) 2004 Amendment. Section 3 of Act 176 provided that the addition of subsec. (b) is intended to clarify and confirm the original intent of the General Assembly in adding section 2737.1 in Act 105 of 2000. Section 3 further provided that to the extent necessary to clarify the meaning and interpretation of section 2737.1, the addition of subsection (b) shall apply retroactively to causes of action which arose on or before the effective date of section 3.
42 Pa.C.S. § 8331.1 — PA Code / Title 42 / Chapter 83 / Section 8331.1
Veterinary good Samaritan civil immunity.
Status: in_force

(a) General rule.--Any individual licensed to practice veterinary medicine who, in good faith, renders emergency care to any animal which such individual has discovered at the scene of an accident or emergency situation or which has immediately prior to the rendering of such care been brought to such individual's attention at or from the scene of any accident or emergency situation shall not be liable for any civil damages as a result of any acts or omissions by such person in rendering the emergency care, except any acts or omissions intentionally designed to harm, or any grossly negligent acts or omissions which result in harm to the animal.

(b) Definition.--As used in this section, "good faith" shall include, but is not limited to, a reasonable opinion that the

immediacy of the situation is such that the rendering of care should not be postponed until the animal is hospitalized.

(c) Exception.--This section shall not apply where the owner of the animal is in attendance and can be consulted as to the proposed action by the veterinarian. (Dec. 13, 1982, P.L.1141, No.260, eff. imd.) 1982 Amendment. Act 260 added section 8331.1.
42 Pa.C.S. § 5334 — PA Code / Title 42 / Chapter 53 / Section 5334
Principles of construction.
Status: in_force

In applying and construing this subchapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
42 Pa.C.S. § 1123 — PA Code / Title 42 / Chapter 11 / Section 1123
Jurisdiction and venue.
Status: in_force

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), the Philadelphia Municipal Court shall have jurisdiction 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) Criminal offenses by any person (other than a juvenile) for which no prison term may be imposed or which are punishable by imprisonment for a term of not more than five years, including indictable offenses under Title 75 (relating to vehicles). In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right of appeal for trial de novo, including the right of trial by jury, to the court of common pleas. The judges of the municipal court exercising jurisdiction under this paragraph shall have the same jurisdiction in probation and parole arising out of sentences imposed by them as judges of the court of common pleas.

(3) Matters arising under the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951. The judges of the Philadelphia Municipal Court shall have the power to enter judgments exceeding $5,000 in matters arising under this subsection. Appeals from a judgment of

the municipal court under this subsection shall be to the court of common pleas in accordance with local rules of court established by the administrative judge of the trial division. Those rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court.

(4) Civil actions, except actions by or 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.

(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 the municipal court. Such waiver shall be revoked automatically if the defendant appeals the final order of the municipal court. In cases under this paragraph the defendant shall have no right of trial by jury in the municipal court, but shall have the right to appeal for trial de novo, including the right of trial by jury, to the court of common pleas, in accordance with local rules of court established by the administrative judge of the trial division. These rules shall not be inconsistent with Statewide rules of procedure as established by the Supreme Court. It is the purpose of this paragraph to establish an expeditious small claims procedure whereby it shall not be necessary for the litigants to obtain counsel. Judgments by confession shall not be entered in the municipal court.

(5) As commissioners to preside at arraignments, fix and accept bail, issue warrants and perform duties of a similar nature, including the jurisdiction of a committing magistrate in all criminal proceedings. In addition to the exercise of the powers by the judges set forth in this paragraph, the Philadelphia Municipal Court, through the president judge and a majority of the judges of the court, shall have the power to appoint for four-year terms six arraignment court magistrates, to administer oaths and affirmations, preside at preliminary arraignments, assign counsel in certain cases, issue criminal complaints, fix bail and issue arrest warrants and search and seizure warrants. The arraignment court magistrates shall be employees of the Commonwealth and they shall receive an annual salary equal to the salary of an associate judge of the Traffic Court of Philadelphia. The method of selection and appointment and removal of arraignment court magistrates and establishing standards of conduct and the rights, responsibilities and authority of the arraignment court magistrates and the procedures for appealing from the decisions of the arraignment court magistrates shall be provided by local rules adopted by the municipal court.

(5.1) In addition to the exercise of the powers by the judges set forth in this section, the President Judge of the Philadelphia Municipal Court may appoint arraignment court magistrates, persons who complete a training program as shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court, or attorneys who are in good standing and are admitted to the Pennsylvania Bar as judges pro tempore to accept guilty pleas and impose

sentences in accordance with pleas for summary offenses. A judge pro tempore must be an independent contractor hired by the Philadelphia Municipal Court and shall receive such compensation and shall serve at such hours as agreed to between the judge pro tempore and the President Judge of the Philadelphia Municipal Court. The methods of selection, appointment and removal of judges pro tempore and of establishing standards of conduct and the rights, responsibilities and authority of the judges pro tempore and the procedures for appealing decisions of the judges pro tempore shall be provided by local rules adopted by the President Judge of the Philadelphia Municipal Court.

(6) Civil actions wherein the sum demanded does not exceed $15,000 in matters involving judgments of real estate taxes and school taxes levied by cities of the first class.

(7) Actions to enjoin any nuisance caused by the operation of a licensee or occurring on licensed premises subject to the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(8) Any action to enjoin a public nuisance. The action to enjoin may be brought by any person who resides or has a place of business within 500 feet of the location of the alleged nuisance.

(9) Prosecutions for summary offenses arising under:

(i) Title 75; or

(ii) an ordinance of a political subdivision enacted pursuant to Title 75.

(a.1) Appeal from contempt citation or nuisance order.--There shall be a right to appeal to the Superior Court of a contempt citation issued by a municipal court judge, but the appeal shall be limited to a review of the record. There shall be a right of appeal to the Court of Common Pleas of Philadelphia County of an order issued by a municipal court judge in any action under subsection (a)(7) or (8), but the appeal shall be limited to a review of the record.

(b) Concurrent and exclusive jurisdiction.--The jurisdiction of the municipal court under this section shall be concurrent with the Court of Common Pleas of Philadelphia County except with respect to matters specified in subsection (a)(2), as to which the jurisdiction of the municipal court shall be exclusive except as otherwise prescribed by any general rule adopted pursuant to section 503.

(c) Venue and process.--The venue of the municipal court concerning matters over which jurisdiction is conferred by this section shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City and County of Philadelphia to the extent prescribed by general rule. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 12, 1984, P.L.959, No.187, eff. 60 days; July 11, 1990, P.L.454, No.111, eff. 60 days; Nov. 29, 1990, P.L.574, No.147, eff. 60 days; Apr. 16, 1992, P.L.146, No.25, eff. imd.; July 9, 1992, P.L.689, No.102, eff. imd.; Dec. 14, 1992, P.L.872, No.140, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Nov. 21, 1995, P.L.619, No.65, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days; Nov. 23, 2010, P.L.1137, No.114, eff. 60 days; June 19, 2013, P.L.55, No.17, eff. imd.)

Amendment . Act 17 amended subsec. (a)(1) and added subsec. (a)(9).

2010 Amendment. Act 114 amended subsec. (a)(4). 2008 Amendment. Act 98 amended subsec. (a)(5) and (5.1). Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98. 2007 Effectuation of Repeal. The Legislative Reference Bureau effectuated the 1992 repeal. 1995 Amendments. Act 9, 1st Sp.Sess., amended subsec. (a)(1) and Act 65 amended subsecs. (a)(3) and (4) and (a.1). 1992 Amendments. Act 25 reenacted subsecs. (a)(8) and (a.1) and Act 140 amended subsec. (a)(3). 1992 Repeal. Act 102 repealed Act 147 of 1990 which amended subsecs. (a)(8) and (a.1). Section 1956 of Title 1 provides: "The repeal of an amendatory statute does not revive the corresponding provision or section of the original statute or of any prior amendment." The text of subsecs. (a)(8) and (a.1) has not been changed to give effect to the repeal. 1991 Unconstitutionality. Act 147 of 1990 was declared unconstitutional by the Supreme Court. In re Act 147 of 1990, 528 Pa. 460, 598 A.2d 985 (1991). 1990 Amendments. Act 111 added subsec. (a)(7) and (8) and Act 147 amended subsecs. (a)(8) and (a.1). 1984 Amendment. Act 187 amended subsec. (a) and added subsec. (a.1). Special Provisions in Appendix. See section 10 of Act 142 of 1976 in the appendix to this title for special provisions relating to concurrent jurisdiction of Court of Common Pleas of Philadelphia County. References in Text. The Traffic Court of Philadelphia, referred to in this section, was abolished by Joint Resolution No.2 of 2016. Cross References. Section 1123 is referred to in sections 1121, 1127, 5105, 62A03 of this title; section 6102 of Title 23 (Domestic Relations); section 5306 of Title 71 (State Government).
42 Pa.C.S. § 1143 — PA Code / Title 42 / Chapter 11 / Section 1143
Jurisdiction and venue.
Status: in_force

(a) General rule.--Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters) the Pittsburgh Magistrates Court shall have jurisdiction of all of the following matters:

(1) Criminal complaints accusing any person of the commission of any felony or misdemeanor, where such felony or misdemeanor has been committed within the corporate limits of the City of Pittsburgh, and to issue warrants for the arrest of such person so accused, administer oaths and hold preliminary hearings in all such cases, and commit to jail, or bind over for trial or discharge such accused person, as the evidence produced at such hearing may warrant. The court shall have power to admit to bail as prescribed by general rules.

(2) Arrests upon view, or upon complaint made and warrant issued, by the police of the City of Pittsburgh, of persons who may be found engaged in or be charged with drunkenness, disorderly conduct, selling liquor contrary to law, maintaining a disorderly house or bawdy house, lewd, indecent or lascivious behavior on the streets or elsewhere, gambling, creating riots or disturbances, vagrants, beggars, prostitutes, disturbers of the public peace, known or reputed pickpockets, burglars, thieves, watch stuffers, cheating, swindling, persons who abuse their families, and suspicious persons who can give no reasonable account of themselves, or violating any of the laws or ordinances of such city.

(3) Civil claims for the recovery of fines and penalties imposed by any ordinance of the City of Pittsburgh, or by any ordinance or regulation relating to housing and health administered and enforced by a county health department where a violation takes place in such city, and cases of summary conviction arising under the laws and ordinances of or applicable to such city and under the laws, ordinances, rules and regulations relating to housing and health administered and enforced by a county department of health where a violation takes place in such city, with full power to hear the said cases, administer oaths or affirmations therein, decide the same, enforce the penalty, collect the fine or commit to prison as the case may be according to the provisions of the law and ordinances applicable thereto.

(4) Matters within the jurisdiction of the court when sitting as the Traffic Court of Pittsburgh.

(b) Venue and process.--The venue of the Pittsburgh Magistrates Court concerning matters over which jurisdiction is conferred by subsection (a) shall be as prescribed by general rule. The process of the court shall extend beyond the territorial limits of the City of Pittsburgh to the extent prescribed by general rule.
42 Pa.C.S. § 8325 — PA Code / Title 42 / Chapter 83 / Section 8325
Effect of judgment.
Status: in_force

The recovery of a judgment by the injured person against one joint tort-feasor does not discharge the other joint tort-feasors.
42 Pa.C.S. § 5527.3 — PA Code / Title 42 / Chapter 55 / Section 5527.3
Reimbursement.
Status: in_force

The defendant in the ejectment action under section 5527.1 (relating to ten year limitation) shall have the right to recover such costs for maintenance, improvements, repairs, renovations, taxes or other such expenses to benefit the real property as the defendant can prove by a preponderance of the evidence that were or should have been the responsibility of the record owners, their heirs, successors and assigns. (June 19, 2018, P.L.223, No.34, eff. one year) 2018 Amendment. Act 34 added section 5527.3.
42 Pa.C.S. § 9717 — PA Code / Title 42 / Chapter 97 / Section 9717
Sentences for offenses against elderly persons.
Status: in_force

(a) Mandatory sentence.--A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and not a police officer shall be sentenced to a mandatory term of imprisonment as follows: 18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years. 18 Pa.C.S. § 3121 (relating to rape) - not less than five years. 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than five years. 18 Pa.C.S. § 3922 (relating to theft by deception) - not less than 12 months, but the imposition of the minimum sentence shall be discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.

(b) Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served. (Dec. 30, 1982, P.L.1472, No.334, eff. 60 days) 1982 Amendment. Act 334 added section 9717.
42 Pa.C.S. § 404 — PA Code / Title 42 / Chapter 4 / Section 404
Effective date.
Status: in_force

This act shall take effect in 60 days except that:

(1) The amendment adding 42 Pa.C.S. § 762(a)(1)(ii) (relating to appeals from courts of common pleas) shall take effect immediately and shall be retroactive to December 5, 1980.

(2) The amendments to 42 Pa.C.S. §§ 4303(a) (relating to effect of judgments and orders as liens), 5501(a) (relating to scope of chapter) and 8301 (relating to death action) effected by this act shall take effect immediately and shall be retroactive to June 27, 1978. 1984, JULY 10, P.L.708, NO.150 § 3. Election of additional judges. The vacancies created by the new judgeships added by section 1 of this act shall be filled by election at the first municipal election occurring after the effective date of this act, except that the vacancies created in the fifth, twenty-fourth and

thirty-second judicial districts shall be filled pursuant to 42 Pa.C.S. § 3135 (relating to increase in number of judges). Explanatory Note. Act 150 amended or added sections 911, 4122 and 4124 of Title 42. 1986, APRIL 30, P.L.135, NO.41 § 6. Effect on existing guidelines, rules, regulations and members.

(a) Guidelines, rules and regulations.--Each guideline, rule and regulation of the commission in effect on the effective date of this act shall remain in effect after such date until amended by the commission, provided that the commission shall immediately initiate the repeal or amendment of any rule or regulation which is inconsistent with the provisions of this act.

(b) Members.--Members of the Pennsylvania Commission on Sentencing constituted under 42 Pa.C.S. § 2152 (relating to composition of commission), as of the effective date of this act, shall continue to serve as members until their present terms of office expire, provided that any present commission member whose term has expired on or before the effective date of this act shall serve until a successor has been appointed and qualified, but no longer than six months after the effective date of this act. Explanatory Note. Act 41 reestablished the Pennsylvania Commission on Sentencing and amended or added sections 2151, 2152, 2153 and 2156 of Title 42. § 7. Reestablishment of Pennsylvania Commission on Sentencing. This act, with respect to the Pennsylvania Commission on Sentencing, constitutes the legislation required to reestablish an agency under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act. § 8. Effective date. This act shall take effect May 1, 1986. 1986, DECEMBER 22, P.L.1744, NO.213 § 2. Election of additional judges. The vacancies created by the new judgeships added by section 1 of this act shall be filled pursuant to 42 Pa.C.S. § 3135 (relating to increase in number of judges), except that the vacancies created in the fourteenth, twenty-third, thirty-second, thirty-third, thirty-eighth, forty-second and forty-fifth judicial districts shall be filled by election at the first municipal election occurring after the effective date of this act. Explanatory Note. Act 213 amended section 911 of Title 42. § 3. Applicability. This act shall apply to the twenty-sixth judicial district on January 1, 1989. 1988, MARCH 22, P.L.240, NO.26

§ 2. Legislative review of sentencing guidelines. Any sentencing guidelines adopted by the Pennsylvania Commission on Sentencing and disapproved by the General Assembly prior to the effective date of this act shall be deemed null and void upon the adoption of sentencing guidelines subsequent to the effective date of this act and pursuant to this section. Notwithstanding the requirements set forth in 42 Pa.C.S. § 2155 (relating to publication of guidelines for sentencing), those guidelines published in the Pennsylvania Bulletin on December 5, 1987, and adopted by the commission on February 22, 1988, shall be submitted to the standing committee of each house of the General Assembly which has been designated to perform the responsibilities established pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, relevant to the commission within five days of the effective date of this act; and the General Assembly may, by concurrent resolution, reject in their entirety said guidelines within 30 days from the date that said guidelines are submitted to the designated standing committee of each house of the General Assembly, and said guidelines shall become effective 30 days after such submittal unless disapproved pursuant to this section. The guidelines shall apply to all offenses committed on or after the effective date of the adopted guidelines. Explanatory Note. Act 26 amended section 2155 of Title 42. 1990, DECEMBER 7, P.L.619, NO.159 § 2. Judgeships in First Judicial District. The first judges elected to the five judgeships in the First Judicial District established by section 1 shall, for five years, devote their full time to presiding over criminal cases involving violations of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, and other related offenses. Explanatory Note. Act 159 amended section 911 of Title 42. § 3. Filling of new judgeships.

(a) Election.--Except as provided in subsection (b), the vacancies created by the new judgeships added by section 1 (section 911) shall be filled by election at the first municipal election occurring after the effective date of this act.

(b) Appointment.--The new judgeship added by section 1 (section 911) in the Seventh Judicial District shall be filled by appointment of the Governor. 1992, DECEMBER 18, P.L.1269, NO.167 § 5. Increases in court costs.

(a) Applicability.--The increases in court costs authorized by this act and their corresponding inflators that are payable to the Commonwealth shall be exempt from the provisions of 42 Pa.C.S. § 3733(a). The balance of the court costs payable to the Commonwealth and their corresponding inflators shall be subject to the provisions of 42 Pa.C.S. § 3733(a).

(b) Distribution of partial payments.--Any partial payment of court costs shall be distributed on a pro rata basis among those entitled to receive such costs.

Explanatory Note. Act 167 amended or added sections 1515, 1725.1, 1726 and 3571, Subchapter F of Chapter 35 and section 9730 of Title 42 and section 153 of Title 15 (Corporations and Unincorporated Associations). § 6. Revision of official revenue estimate. Notwithstanding any other provisions of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, to the contrary, the Department of Revenue, in conjunction with the Secretary of the Budget, may, within 60 days of the effective date of this act, revise the official revenue estimate for the Commonwealth to account for additional revenues anticipated to be generated by changes to court costs included in this act. § 8. Commencement of compensation increases. Any increase in the compensation of any official provided for in this act shall commence when permitted by the Constitution of Pennsylvania. 1993, JULY 2, P.L.395, NO.56 § 10. Transition provisions.

(a) Members, proceedings and records of Judicial Inquiry and Review Board.--The members of the Judicial Inquiry and Review Board shall vacate their offices on the effective date of this act, and all proceedings pending before the Judicial Inquiry and Review Board and all records shall be transferred to the Judicial Conduct Board for further proceedings.

(b) Transfers to new board and court.--There are hereby transferred to the Judicial Conduct Board to be used, employed and expended in connection with the functions, powers and duties of the board, the personnel, contract obligations, if any, files, property and equipment of the Judicial Inquiry and Review Board and two-thirds of the unexpended balances of appropriations, allocations or other funds available or to be made available to the Judicial Inquiry and Review Board for the 1992-1993 and 1993-1994 fiscal years. There are hereby transferred to the Court of Judicial Discipline to be used, employed and expended in connection with the functions, powers and duties of the court, one-third of the unexpended balances of appropriations, allocations or other funds available or to be made available to the Judicial Inquiry and Review Board for the 1992-1993 and 1993-1994 fiscal years. Explanatory Note. Act 56 amended, added or repealed sections 725 and 727, Article F of Subpart A of Part II, section 1722,
42 Pa.C.S. § 3724 — PA Code / Title 42 / Chapter 37 / Section 3724
County law libraries.
Status: in_force

County law libraries, including libraries maintained by bar associations or independent library corporations, or both, shall receive from the county such necessary funds, accommodations, goods and services, as shall be specified by general rules or orders adopted by the governing authority after consideration of the recommendations from time to time of the State Law Library. Any such general rules or orders shall take effect only in the manner provided by section 503(b) (relating to procedures). All such county law libraries shall be operated in conformity with general rules or rules of the court of common pleas of the judicial district embracing the county and shall be open to the general public. Philadelphia, Allegheny and Second Class A Counties. See section 24(d) of Act 142 of 1976 in the appendix to this title for special provisions relating to Philadelphia Law Library.
42 Pa.C.S. § 8340.1 — PA Code / Title 42 / Chapter 83 / Section 8340.1
Employer immunity from liability for disclosure of information regarding former or current employees.
Status: in_force

(a) General rule.--An employer who discloses information about a current or former employee's job performance to a prospective employer of the current or former employee, upon request of the prospective employer or the current or former employee, is presumed to be acting in good faith and, unless lack of good faith is demonstrated by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences in any case brought against the employer by the current or former employee. The presumption of good faith may be rebutted only by clear and convincing evidence establishing that the employer disclosed information that:

(1) the employer knew was false or in the exercise of due diligence should have known was false;

(2) the employer knew was materially misleading;

(3) was false and rendered with reckless disregard as to the truth or falsity of the information; or

(4) was information the disclosure of which is prohibited by any contract, civil, common law or statutory right of the current or former employee.

(b) Effect upon immunity.--This section shall not be construed to affect immunities from civil liability or defenses established by law or available at common law to which an employer may be entitled.

(c) Definition.--As used in this section, the term "employer" means a business enterprise of whatever form, a public or nonprofit entity or any person acting on behalf of the business enterprise or public or nonprofit entity. (June 15, 2005, P.L.6, No.3, eff. 60 days) 2005 Amendment. Act 3 added section 8340.1.
42 Pa.C.S. § 9776 — PA Code / Title 42 / Chapter 97 / Section 9776
Judicial power to release inmates.
Status: in_force

(a) General rule.--Except as otherwise provided under this chapter or if the Pennsylvania Parole Board has exclusive parole jurisdiction, a court of this Commonwealth or other court of record having jurisdiction may, after due hearing, release on parole an inmate in the county correctional institution of that judicial district.

(b) Petition required.--No inmate may be paroled under this section except on petition verified by the oath of the inmate or by the inmate's representative and presented and filed in the court in which the inmate was convicted.

(c) Hearing.--On presentation of the petition, the court shall fix a day for the hearing. A copy of the petition shall be served on the district attorney and prosecutor in the case at least ten days before the day fixed for the hearing. Proof

of service on the district attorney and the prosecutor shall be produced at the hearing.

(d) Order.--After the hearing, the court shall make such order as it may deem just and proper. In case the court paroles the inmate, it shall place the inmate in the charge of and under the supervision of a designated probation officer.

(e) Recommit.--The court may, on cause shown by the probation officer that the inmate has violated his parole, recommit and reparole the inmate in the same manner and by the same procedure as in the case of the original parole if, in the judgment of the court, there is a reasonable probability that the inmate will benefit by being paroled. The court may also recommit for violation of that parole.

(f) Limitation.--

(1) Subject to the provisions of paragraph (2), the power of a court to parole an inmate under this section shall extend for a period not to exceed the maximum sentence provided by law for the offense of which the inmate was convicted.

(2) A court may release on parole, on petition to any other court, an inmate committed to a correctional institution by any magisterial district judge and shall have the same power to recommit an inmate paroled under this section. (Aug. 11, 2009, P.L.147, No.33, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (a). 2009 Amendment. Act 33 added section 9776. Cross References. Section 9776 is referred to in section 9756 of this title.
42 Pa.C.S. § 6503 — PA Code / Title 42 / Chapter 65 / Section 6503
Right to apply for writ.
Status: in_force

(a) General rule.--Except as provided in subsection (b), an application for habeas corpus to inquire into the cause of detention may be brought by or on behalf of any person restrained of his liberty within this Commonwealth under any pretense whatsoever.

(b) Exception.--Where a person is restrained by virtue of sentence after conviction for a criminal offense, the writ of habeas corpus shall not be available if a remedy may be had by post-conviction hearing proceedings authorized by law.
42 Pa.C.S. § 7342 — PA Code / Title 42 / Chapter 73 / Section 7342
Procedure.
Status: in_force

(a) General rule.--The following provisions of Subchapter A.1 (relating to revised statutory arbitration) shall be applicable to arbitration conducted pursuant to this subchapter: Section 7321.6 (relating to application for judicial relief). Section 7321.7(a) (relating to validity of agreement to arbitrate). Section 7321.8 (relating to motion to compel or stay arbitration). Section 7321.12(a) (relating to appointment of arbitrator; service as a neutral arbitrator). Section 7321.18 (relating to witnesses; subpoenas; depositions; discovery). Section 7321.27 (relating to jurisdiction). Section 7321.28 (relating to venue). Section 7321.29 (relating to appeals), except section 7321.29(a)(4).

(b) Confirmation and judgment.--On application of a party made more than 30 days after an award is made by an arbitrator under section 7341 (relating to common law arbitration), the court shall enter an order confirming the award and shall enter a judgment or decree in conformity with the order. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 28, 2018, P.L.381, No.55, eff. July 1, 2019) 2018 Amendment. See section 1 of Act 55 of 2018 in the appendix to this title for special provisions relating to findings and declarations. Section 4(3) of Act 55 provided that the amendment of section 7342 shall not be construed to affect an action or proceeding commenced or right accrued before the effective date of section 4.
42 Pa.C.S. § 7319 — PA Code / Title 42 / Chapter 73 / Section 7319
Venue of court proceedings.
Status: in_force

Except as otherwise prescribed by general rules:

(1) An initial application to a court under this subchapter shall be made to the court of the county in which the agreement prescribes that the arbitration hearing shall be held or, if the hearing has been held, in the county in which the hearing was held.

(2) If an application to a court cannot be made under paragraph (1) the application shall be made to the court in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this Commonwealth, to the court of any county.

(3) All subsequent applications to a court shall be made to the court hearing the initial application unless that court otherwise directs. Cross References. Section 7319 is referred to in section 7304 of this title.
42 Pa.C.S. § 1331 — PA Code / Title 42 / Chapter 13 / Section 1331
Traffic Court of Pittsburgh.
Status: in_force

The Traffic Court of Pittsburgh shall be a court not of record and shall be held by such of the judges of the Pittsburgh Magistrates Court as shall be assigned thereto by the Mayor of the City of Pittsburgh, one of whom shall be designated by the mayor as the presiding magistrate of the traffic court. The court is established for the City of Pittsburgh.
42 Pa.C.S. § 8368.4 — PA Code / Title 42 / Chapter 83 / Section 8368.4
Fair market value.
Status: in_force

(a) Establishment.--A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the merger or consolidation by any reasonable method under the circumstances, including the following:

(1) By reference to the going-concern value of the assets or to the purchase price of the assets in an arms-length transaction.

(2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

(b) Intangible assets.--Total gross assets under this section shall include intangible assets.

(c) Prima facie evidence.--A showing by the successor business entity of a reasonable determination of the fair market

value of total gross assets shall be prima facie evidence of their fair market value.

(d) Burden.--Following a reasonable determination of the fair market value of total gross assets by the successor business entity, a claimant disputing that determination shall have the burden of establishing a different fair market value of the total gross assets.

(e) Insurance settlement.--To the extent that total gross assets include liability insurance, a settlement of a dispute relating to liability insurance coverage entered into by the transferor or successor business entity with the insurer of the transferor prior to the effective date of this section shall be determinative of the total coverage of the liability insurance in the calculation of the transferor's total gross assets. Cross References. Section 8368.4 is referred to in sections 8368.2, 8368.5 of this title.
42 Pa.C.S. § 2156 — PA Code / Title 42 / Chapter 21 / Section 2156
Severability of subchapter.
Status: in_force

The provisions of this subchapter are severable. If any provision of this subchapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application. (Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986) 1986 Amendment. Act 41 added section 2156.
42 Pa.C.S. § 9576 — PA Code / Title 42 / Chapter 95 / Section 9576
Evidentiary hearing.
Status: in_force

(a) Order.--If the court determines that an evidentiary hearing is warranted, the court shall enter an order no more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, setting a date for the hearing.

(b) Date.--The hearing shall be scheduled to occur not less than ten days and not more than 45 days from the date of the order setting the hearing. The court may, for good cause shown, grant leave to continue the hearing.

(c) Disposing of petition.--Not later than 90 days after the evidentiary hearing, the court shall dispose of the petition and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure. Suspension by Court Order. Section 9576 was suspended August 11, 1997, S.Ct. Order. Cross References. Section 9576 is referred to in section 9545 of this title.
42 Pa.C.S. § 7321.17 — PA Code / Title 42 / Chapter 73 / Section 7321.17
Representation by attorney.
Status: in_force

A party to an arbitration proceeding may be represented by an attorney. Cross References. Section 7321.17 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 8.2 — PA Code / Title 42 / Chapter 8 / Section 8.2
Transfer of funds.
Status: in_force

The sum of $5,000,000 is transferred from the General Fund to the Crime Victim's Compensation Fund to be used until June 30, 2021, to implement the addition of 42 Pa.C.S. § 9730.3(a)(1) for counseling services provided after the effective date of this section. In fiscal years beginning after June 30, 2021, the General Assembly shall appropriate money to implement the addition of 42 Pa.C.S. § 9730.3(a)(1).
42 Pa.C.S. § 5919 — PA Code / Title 42 / Chapter 59 / Section 5919
Depositions in criminal matters.
Status: in_force

The testimony of witnesses taken in accordance with section 5325 (relating to when and how a deposition may be taken outside this Commonwealth) may be read in evidence upon the trial of any criminal matter unless it shall appear at the trial that the witness whose deposition has been taken is in attendance, or has been or can be served with a subpoena to testify, or his attendance otherwise procured, in which case the deposition shall not be admissible. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 6904 — PA Code / Title 42 / Chapter 69 / Section 6904
Prohibited provisions of agreement.
Status: in_force

A rental-purchase agreement or any document that the lessor requests the lessee to sign shall not contain any provision by which:

(1) A power of attorney is given to confess judgment in this Commonwealth or to appoint the lessor, its agents or its successors in interest as the lessee's agent in the collection of payments or the repossession of the rental property.

(2) The lessee authorizes the lessor or its agent to commit any breach of the peace in repossessing the rental property or to enter the lessee's dwelling or other premises without obtaining the lessee's consent at the time of entry.

(3) The lessor mandates that the lessee purchase insurance or liability waiver against loss or damage to the rental property from the lessor. This paragraph shall not, however, be construed to prohibit a lessor from offering insurance or a liability waiver to a lessee provided it is clearly disclosed that acceptance of the offer of insurance or a liability waiver is optional.

(4) The lessee waives or agrees to waive any defense, counterclaim or right the lessee may have against the lessor, its agent or its successor in interest.

(5) The lessee is required to pay a late fee unless the rental payment is five days or more late under a rental-purchase agreement with payments made monthly or two days or more late under a rental-purchase agreement with payments made more frequently than monthly.

(6) A lessee is required to pay a late fee exceeding the greater of $5 or 10% of the amount of the past due payment, regardless of how long the payment remains unpaid.

(7) The lessee is required to pay a fee in connection with retrieval of the property or the termination or rescission of the rental-purchase agreement.

(8) The lessee is charged a fee for in-home collection of a rental payment unless the amount of the fee is disclosed and the lessee expressly has agreed to pay the fee.
42 Pa.C.S. § 62A17 — PA Code / Title 42 / Chapter 62 / Section 62A17
Procedure and other remedies.
Status: in_force

(a) General rule.--Unless otherwise indicated under this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in addition to any other available civil or criminal remedies. The plaintiff and the defendant may seek modification of a protection order issued under section 62A07 (relating to relief) at any time during the pendency of the order. Except as otherwise provided in this chapter, modification may be ordered after the filing of a petition for modification, service of the petition and a hearing on the petition.

(b) Remedies for bad faith.--Notwithstanding any other provision of law, upon finding that an individual commenced a

proceeding under this chapter in bad faith, a court shall direct the individual to pay to the defendant actual damages and reasonable attorney fees. Failure to prove an allegation of continued risk of harm by a preponderance of the evidence shall not, by itself, result in a finding of bad faith.
42 Pa.C.S. § 3331 — PA Code / Title 42 / Chapter 33 / Section 3331
Power of discipline or removal.
Status: in_force

(a) Judges.--Any judge may be suspended, removed from office or otherwise disciplined for violation of Subchapter A (relating to standards of conduct), misconduct in office, neglect of duty, failure to perform his duties, or conduct which prejudices the proper administration of justice or brings the judicial office into disrepute and may be retired for disability seriously interfering with the performance of his duties.

(b) Magisterial district judges.--The suspension, removal, discipline and compulsory retirement of magisterial district judges shall be governed by general rule. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 1993 Amendment. Act 56 amended subsec. (a).
42 Pa.C.S. § 9799.4 — PA Code / Title 42 / Chapter 97 / Section 9799.4
Counseling of sexually violent predators (Expired).
Status: reserved

2012 Expiration. Section 9799.4 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 9799.10 — PA Code / Title 42 / Chapter 97 / Section 9799.10
Purposes of subchapter.
Status: in_force

This subchapter shall be interpreted and construed to effectuate the following purposes:

(1) To bring the Commonwealth into substantial compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587).

(2) To require individuals convicted or adjudicated delinquent of certain sexual offenses to register with the Pennsylvania State Police and to otherwise comply with this subchapter if those individuals reside within this Commonwealth, intend to reside within this Commonwealth, attend an educational institution within this Commonwealth or are employed or conduct volunteer work within this Commonwealth.

(3) To require individuals convicted or adjudicated delinquent of certain sexual offenses who fail to maintain a residence and are therefore homeless but can still be found within the borders of this Commonwealth to register with the Pennsylvania State Police.

(4) To require individuals who are subject to the criminal justice system of this Commonwealth as inmates, supervised with respect to probation or parole or registrants due to committing a sexually violent offense on or after December 20, 2012, for which the individual was convicted, to register with the Pennsylvania State Police and to otherwise comply with this subchapter. To the extent practicable and consistent with the requirements of the Adam Walsh Child Protection and Safety Act of 2006, this subchapter shall be construed to maintain existing procedures regarding registration of sexual offenders who are subject to the criminal justice system of this Commonwealth.

(5) To provide a mechanism for members of the general public to obtain information about certain sexual offenders from a public Internet website and to include on that Internet website a feature which will allow a member of the public to enter a zip code or a geographic radius and determine whether a sexual offender resides within that zip code or radius.

(6) To provide a mechanism for law enforcement entities within this Commonwealth to obtain information about certain sexual offenders and to allow law enforcement entities outside this Commonwealth, including those within the Federal

Government, to obtain current information about certain sexual offenders. (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 9799.10 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.10 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended par. (4) and Act 29 reenacted par. (4). Section 20(1) of Act 10 provided that the amendment of section 9799.10 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment . Act 91 amended pars. (2) and (3). 2011 Amendment. Act 111 added section 9799.10.
42 Pa.C.S. § 7405 — PA Code / Title 42 / Chapter 74 / Section 7405
Collaborative law participation agreement.
Status: in_force

(a) Requirements.--A collaborative law participation agreement must:

(1) Be in writing.

(2) Be signed by the parties.

(3) State the parties' intention to resolve a collaborative matter through a collaborative law process.

(4) Describe the nature and scope of the collaborative matter.

(5) Identify the attorney who represents each party in the collaborative law process.

(6) Include a statement that the representation of each attorney is limited to the collaborative law process and that the attorneys are disqualified from representing any party or nonparty participant in a proceeding related to a collaborative matter, consistent with this chapter.

(b) Optional provisions.--Parties may include in a collaborative law participation agreement additional provisions not inconsistent with this chapter or other applicable law, including, but not limited to:

(1) An agreement concerning confidentiality of collaborative communications.

(2) An agreement that part or all of the collaborative law process will not be privileged in a proceeding.

(3) The scope of voluntary disclosure.

(4) The role of nonparty participants.

(5) The retention and role of nonparty experts.

(6) The manner and duration of a collaborative law process under sections 7403 (relating to beginning the collaborative law process) and 7406 (relating to concluding the collaborative law process).

(c) Nonconforming agreements.--This chapter shall apply to an agreement that does not meet the requirements of subsection

(a) if:

(1) The agreement indicates an intent to enter into a collaborative law participation agreement.

(2) The agreement is signed by all parties.

(3) A tribunal determines that the parties intended to and reasonably believed that they were entering into a collaborative law agreement subject to the requirements of this chapter. Cross References. Section 7405 is referred to in section 7401 of this title.
42 Pa.C.S. § 3523 — PA Code / Title 42 / Chapter 35 / Section 3523
Adoption of final budget request.
Status: in_force

(a) General rule.--The governing authority shall review the tentative budget request submitted by the Administrative Office pursuant to section 3522 (relating to preparation of tentative budget request). After giving opportunity for hearing to each budget respondent whose estimate submitted pursuant to section 3521(a) (relating to development of budget information) would be altered by the final budget request of the Judicial Department, the governing authority shall make such modifications in the tentative budget request of the Judicial Department as in its judgment are necessary or desirable, and shall adopt a final budget request of the Judicial Department for transmission to the Office of the Budget.

(b) Transmission to Office of the Budget.--Following adoption of a final budget request by the governing authority, the Administrative Office shall transmit such request to the Office of the Budget within the time and in the manner required by section 610 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929." (Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
42 Pa.C.S. § 563 — PA Code / Title 42 / Chapter 5 / Section 563
Seat of court.
Status: in_force

(a) Regular sessions.--The regular sessions of the Commonwealth Court shall be held at the seat of government and elsewhere as provided in subsection (b). Each judge shall be provided with suitable chambers and other facilities at the seat of government. The intention of this provision is to render the court and the judges thereof as available, except as provided in subsection (b) or as otherwise provided in this title, at the seat of government for the conduct of routine and emergency judicial business as would be the case if the jurisdiction of the court were exercised by the Court of Common Pleas of Dauphin County.

(b) Other sessions.--Within the limits of available appropriations, special sessions of the court may be held from time to time for the convenience of parties or witnesses, or both, in the interest of justice, in such judicial districts of this Commonwealth as make available without cost to the Commonwealth suitable courtroom and related physical facilities. The court shall also sit in the cities of Philadelphia and Pittsburgh.
42 Pa.C.S. § 2106 — PA Code / Title 42 / Chapter 21 / Section 2106
Official immunity.
Status: in_force

Members of the Judicial Conduct Board and its chief counsel and staff shall be absolutely immune from suit for all conduct in the course of their official duties. No civil action or disciplinary complaint predicated upon the filing of a complaint or other documents with the board or testimony before the board may be maintained against any complainant, witness or counsel.
42 Pa.C.S. § 1907 — PA Code / Title 42 / Chapter 19 / Section 1907
Deteriorated real property education and training program for judges.
Status: in_force

The Administrative Office of Pennsylvania Courts may develop and implement annual and ongoing education and training programs for judges, including magisterial district judges, regarding the laws of this Commonwealth relating to deteriorated real property and the economic impact that such properties have upon municipalities. The education and training program shall include, but not be limited to:

(1) The importance and connection of code violations and crime.

(2) Time-in-fact violations as they relate to code violations.

(3) Conduct of witnesses in prosecuting code violations.

(4) Limiting continuances in code violations.

(5) Use of indigency hearings in the prosecution of code violations. (Oct. 27, 2010, P.L.875, No.90, eff. 180 days) 2010 Amendment. Act 90 added section 1907.
42 Pa.C.S. § 8549 — PA Code / Title 42 / Chapter 85 / Section 8549
Limitation on damages.
Status: in_force

In any action brought against an employee of a local agency for damages on account of an injury to a person or property in which it is judicially determined that the act of the employee caused the injury and that such act was, or that the employee in good faith reasonably believed that such act was, within the scope of his office or duties, damages shall be recoverable only within the limits set forth in this subchapter. Cross References. Section 8549 is referred to in section 8550 of this title.
42 Pa.C.S. § 1722 — PA Code / Title 42 / Chapter 17 / Section 1722
Adoption of administrative and procedural rules.
Status: in_force

(a) General rule.--The governing authority shall have the power to prescribe and modify general rules governing:

(1) Practice, procedure and the conduct of all courts, magisterial district judges and all officers serving process or enforcing orders of any court or magisterial district judge and for admission to the bar and to practice law, and the administration of all courts and the supervision of all officers of the judicial branch, if such rules are consistent with the Constitution of Pennsylvania and neither abridge, enlarge nor modify the substantive rights of any litigant, nor affect the right of the General Assembly to determine the jurisdiction of any court or magisterial district judge, nor suspend nor alter any statute of limitation or repose. All statutes shall be suspended to the extent that they are inconsistent with rules prescribed under this paragraph.

(2) The prescription of canons of ethics applicable to judges and magisterial district judges and the prescription of rules or canons applicable to the activities of all other personnel of the system.

(3) Procedure under section 18 of Article V of the Constitution of Pennsylvania.

(4) Procedure under section 18 of Article V of the Constitution of Pennsylvania for the suspension, removal, discipline and compulsory retirement of magisterial district judges.

(5) Any matter which is specifically authorized by statute to be governed by general rules. A governing authority other than the Supreme Court shall not have power to prescribe general rules for assignment or reassignment of classes of matters among the several courts and magisterial district judges under section 503 (relating to reassignment of matters) or otherwise.

(b) Enforcement and effect of orders and process.--To the extent, if any, that such powers shall not be conferred by the provisions of subsection (a)(1) and (5), the governing authority shall have power to prescribe and modify general rules, consistent with this title and any other applicable unrepealed statute, governing:

(1) The effect of judgments and other orders of, and the right to and effect of attachments and other process issuing out of, a tribunal, and the manner of the enforcement of any thereof, including the time during which and the property with respect to which they shall be a lien, the relative priority of liens and other claims, stays of execution which may or shall be granted, satisfaction of judgments and dissolution of attachments, and all other matters relating to judgments and other orders and attachments and other process which have been regulated heretofore by statute.

(2) The powers and duties of system and related personnel serving process or enforcing orders, insofar as such powers and duties relate to the custody of and the judicial sale or other disposition of property of judgment debtors and other property within the jurisdiction of a tribunal. Any such system or related personnel who shall comply with the provisions of such rules shall be free from all liability to any person with respect to action in pursuance of such rules. A statute shall be repealed for the purposes of this subsection only if it has been expressly repealed absolutely or insofar as inconsistent with general rules prescribed pursuant to this subsection.

(c) Time limitations.--The governing authority shall have power to prescribe and modify general rules:

(1) On any subject covered by Subchapter D of Chapter 55 (relating to appeals).

(2) Specifying the time within which a matter must be commenced under section 708 (relating to improvident administrative appeals and other matters) or otherwise objecting to a determination of a government unit. The provisions of Chapter 55 (relating to limitation of time) and all other statutes shall be suspended to the extent that they are inconsistent with rules prescribed under this subsection. The intention of this subsection is to authorize the governing authority to develop and maintain uniformity in time periods within the scope of this subsection by eliminating statutory time limitations which are inconsistent with the general pattern of similar time limitations then in effect. (July 20, 1979, P.L.157, No.52, eff. 60 days; July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. 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. Loan Interest and Protection Law. Section 11 of Act 142 of 1976 provided that nothing in section 1722(b) of this title or

in any other provision of Act 142 shall in any way repeal, modify or otherwise affect the act of January 30, 1974, P.L.13, No.6, referred to as the Loan Interest and Protection Law. Cross References. Section 1722 is referred to in sections 1702, 4302, 4303, 5504, 5573 of this title; section 702 of Title 44 (Law and Justice).
42 Pa.C.S. § 4550 — PA Code / Title 42 / Chapter 45 / Section 4550
Submission of investigations by attorney for the Commonwealth to investigating grand jury.
Status: in_force

(a) General rule.--Before submitting an investigation to the investigating grand jury the attorney for the Commonwealth shall submit a notice to the supervising judge. This notice shall allege that the matter in question should be brought to the attention of the investigating grand jury because the investigative resources of the grand jury are necessary for proper investigation. The notice shall allege that one or more of the investigative resources of the grand jury are required in order to adequately investigate the matter.

(b) Effect of notice.--After the attorney for the Commonwealth has filed the notice submitting a matter to the investigating grand jury any or all of the investigative resources of the investigating grand jury may be used as regards the investigation.
42 Pa.C.S. § 2123 — PA Code / Title 42 / Chapter 21 / Section 2123
Expenses, staff and quarters.
Status: in_force

The expenses, staff and quarters shall be provided for the jury selection commission in accordance with sections 1724 (relating to personnel of the system), 3721 (relating to county judicial center or courthouse) and 3722 (relating to general facilities and services furnished by county). (June 26, 1980, P.L.266, No.78, eff. imd.)
42 Pa.C.S. § 1501 — PA Code / Title 42 / Chapter 15 / Section 1501
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:

"Court." The Supreme Court or the court of common pleas of each judicial district under the direction of the Supreme Court.

"Political subdivision." Any municipality except the City and County of Philadelphia.

"Population." The number of persons residing within a political subdivision or part thereof as determined by the then current Federal decennial or Federal special census.

"Population density." The number of persons residing within a political subdivision or part thereof as determined by dividing such number by the land area expressed in square miles as determined in the official publication of the Bureau of Statistics of the Department of Commerce. References in Text. The Department of Commerce, referred to in the def. of "population density," was renamed the Department of Community and Economic Development by Act 58 of 1996.
42 Pa.C.S. § 9798.2 — PA Code / Title 42 / Chapter 97 / Section 9798.2
Administration (Expired).
Status: reserved

2012 Expiration. Section 9798.2 expired December 20, 2012. See Act 111 of 2011.

Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
42 Pa.C.S. § 5963 — PA Code / Title 42 / Chapter 59 / Section 5963
Summoning witness in this Commonwealth to testify in another state.
Status: in_force

(a) General rule.--If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this Commonwealth certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced, or is about to commence, that a person being within this Commonwealth is a material witness in such prosecution or grand jury investigation and his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.

(b) Hearing.--If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state and that the laws of the state in which the prosecution is pending or grand jury investigation has commenced or is about to commence and of any other state through which the witness may be required to pass by ordinary course of travel will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons with a copy of the certificate attached directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation has commenced or is about to commence, at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

(c) Immediate custody.--If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may in lieu of notification of the hearing direct that such witness be forthwith brought

before him for said hearing, and the judge at the hearing, being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state. Such judge may admit the witness to bail by bond with sufficient sureties and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond and for his surrender to an officer of the requesting state.

(d) Enforcement.--If the witness who is summoned as provided in this section, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution or investigation is pending and $5 for each day that he is required to travel and attend as a witness, or the mileage and witness fees and expenses to which witnesses in the courts of this Commonwealth are then entitled, whichever is greater, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this Commonwealth.
42 Pa.C.S. § 67A07 — PA Code / Title 42 / Chapter 67 / Section 67A07
Audio recording or video recording policies.
Status: in_force

(a) Policies.--A law enforcement agency that makes audio recordings or video recordings of communications under circumstances within paragraph (2) of the definition of "oral communication" in 18 Pa.C.S. § 5702 (relating to definitions) shall comply with the guidelines established under 18 Pa.C.S. § 5706(b)(4), (5) and (6) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices) and shall establish written policies, which shall be public, for the following:

(1) The training of law enforcement officers authorized to make audio recordings or video recordings.

(2) The time periods when an electronic, mechanical or other device shall be in operation to make audio recordings or video recordings.

(3) The proper use, maintenance and storage of the electronic, mechanical or other device to make audio recordings or video recordings, including equipment inspections and audits and procedures to address malfunctioning equipment.

(4) The information collected from audio recordings or video recordings, including the information's storage, accessibility and retrieval.

(5) Electronic records retention.

(6) The use of facial recognition software or programs.

(7) A statement that a violation of the agency's policy subjects the violator to the agency's disciplinary policy.

(8) Supervisory responsibilities.

(b) Pennsylvania Commission on Crime and Delinquency.--The Pennsylvania Commission on Crime and Delinquency is authorized to condition funding or a grant related to the implementation, use, maintenance or storage of body-worn cameras or recordings from body-worn cameras on the following:

(1) Requiring the grantee to have protocols, guidelines or written policies related to the implementation, use, maintenance or storage of body-worn cameras.

(2) Requiring that such protocols, guidelines or written policies are publicly accessible, including being retrievable on a municipal website.

(3) Ensuring that the protocols, guidelines or written policies substantially comply with applicable recommendations by the commission. (Nov. 24, 2025, P.L.326, No.53, eff. 60 days) 2025 Amendment. Act 53 amended subsec. (a) intro. par. See section 8 of Act 53 in the appendix to this title for special provisions relating to allocation of money.