51 Pa.C.S. § 6018 — PA Code / Title 51 / Chapter 60 / Section 6018
Mutiny or sedition.
Status: in_force

(a) Offense defined.--Any person subject to this part who:

(1) with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition; or

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place;

is guilty of a failure to suppress or report a mutiny or sedition.

(b) Punishment.--A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct. Cross References. Section 6018 is referred to in section 6006 of this title.
51 Pa.C.S. § 5505 — PA Code / Title 51 / Chapter 55 / Section 5505
Military judge of a general or special court-martial.
Status: in_force

(a) General rule.--A military judge shall be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.

(b) Eligibility.--A military judge shall be:

(1) a judge advocate in the grade of lieutenant colonel or above in the State military forces, a federally recognized judge advocate of the National Guard of another state, a judge advocate of the armed forces of the United States or a retired judge advocate of the State military forces in the grade of lieutenant colonel or above who retired no more than ten years prior to the date of trial;

(2) a member in good standing of the bar of the Supreme Court or the highest court of another state or a member of the bar of a Federal court for at least five years; and

(3) certified as qualified for duty as a military judge by the State Judge Advocate or other appropriate authority after completion of such training and certification required for military judges in any of the armed forces of the United States.

(c) Pro hac vice admission.--When a military judge is not a member of the bar of the Supreme Court, the military judge shall be deemed admitted pro hac vice, subject to filing a certificate with the State Judge Advocate setting forth the qualifications required under subsection (b).

(d) Designation.--The military judge of a general or special court-martial shall be designated by the State Judge Advocate or a designee for detail in the convening authority. Neither the convening authority nor any staff member of the convening authority shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge so detailed which relates to performance of duty as a military judge.

(e) Ineligibility.--No person is eligible to serve as military judge if the person is the accuser or a witness in the case or has acted as investigating officer or a counsel in the case.

(f) Limitation on powers.--The military judge may not consult with the members of the court except in the presence of the accused, trial counsel and defense counsel. The military judge shall not vote with the members of the court. Cross References. Section 5505 is referred to in section 5102 of this title.
51 Pa.C.S. § 2310 — PA Code / Title 51 / Chapter 23 / Section 2310
Holding officers as supernumerary pending settlement.
Status: in_force

A commissioned officer responsible for Commonwealth funds or Commonwealth property or property of the United States issued to him by the Adjutant General or United States property and disbursing officer, or acquired by transfer, inventory or purchase from annual allowance of Commonwealth funds, who may tender his resignation or who may be relieved from command by competent orders of the Governor, and whose accounts are not settled, may be held as supernumerary pending settlement of his accounts. A commissioned officer so held as supernumerary shall be amenable to court-martial for military offenses to the same extent and in like manner as if upon the active list.
51 Pa.C.S. § 6023 — PA Code / Title 51 / Chapter 60 / Section 6023
Misbehavior before enemy.
Status: in_force

Any person subject to this part who, before or in the presence of the enemy:

(1) runs away;

(2) shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend;

(3) through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;

(4) casts away his arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits his place of duty to plunder or pillage;

(7) causes false alarms in any command, unit or place under control of the armed forces of the United States or the State military forces;

(8) willfully fails to do his utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy; or

(9) does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies, to the Commonwealth or to any other state, when engaged in battle; shall be punished as a court-martial may direct. Cross References. Section 6023 is referred to in section 6006 of this title.
51 Pa.C.S. § 4611 — PA Code / Title 51 / Chapter 46 / Section 4611
Form of agreement.
Status: in_force

(a) Authorization.--The parents of a child may enter into an agreement under this subchapter granting temporary custodial responsibility during deployment.

(b) Formation.--An agreement entered into under subsection

(a) must:

(1) be in a record;

(2) be provided by the deploying parent to any nonparent to whom custodial responsibility is granted;

(3) include notice that 23 Pa.C.S. § 5337 (relating to relocation) is applicable to any attempt to change the residence of the child who is the subject of the agreement; and

(4) be signed by both parents and any nonparent to whom custodial responsibility is granted.

(c) Contents.--An agreement entered into under subsection

(a) may do any of the following to the extent feasible:

(1) Identify the destination, duration and conditions of the deployment which is the basis for the agreement.

(2) Specify the allocation of caretaking authority among the deploying parent, the other parent and any nonparent to whom custodial responsibility is granted.

(3) Require a nonparent to whom legal custody is granted to make each decision consistent with the known wishes of the deploying parent, unless making the decision in this manner is not in the best interest of the child.

(4) Specify the scope of legal custody which accompanies a grant of caretaking authority.

(5) Include the signed agreement of each nonparent's designee to comply with the parents' agreement.

(6) Specify a grant of limited contact to a nonparent.

(7) If custodial responsibility is shared by the other parent and a nonparent or by other nonparents, provide a process to resolve a dispute which may arise.

(8) Specify:

(i) frequency, duration and means, including electronic means, by which the deploying parent will have contact with the child;

(ii) role to be played by the other parent or nonparent in facilitating the contact; and

(iii) allocation of costs of contact.

(9) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available.

(10) Acknowledge that a party's child-support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court.

(11) Provide that the agreement will terminate according to the procedures under Subchapter D (relating to return from deployment) after the deploying parent returns from deployment.

(12) If the agreement is required to be filed under section 4615 (relating to filing agreement or power of attorney with court), specify who is required to file the agreement.
51 Pa.C.S. § 9902 — PA Code / Title 51 / Chapter 99 / Section 9902
Exclusion.
Status: in_force

(a) Income exclusion.--One hundred percent of a veterans' benefit payment may not be included as income for any Commonwealth program.

(b) Resources.--Notwithstanding any other provision of law, unspent veterans' benefit payments may not be considered a resource in determining eligibility for a Commonwealth program under section 432.5 of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

(c) Extension to spouses.--The exclusion under subsection

(a) shall apply to an unmarried surviving spouse upon the death of a veteran for any compensation or payment the unmarried surviving spouse is entitled to receive. APPENDIX TO TITLE 51 MILITARY AFFAIRS ------- Supplementary Provisions of Amendatory Statutes ------- 1990, DECEMBER 17, P.L.700, NO.174 Preamble The General Assembly finds and declares as follows:

(1) It is the intention of the General Assembly, as a matter of public policy, to reaffirm the support of this Commonwealth for members of the National Guard and other reserve components of the armed forces of the United States.

(2) The General Assembly recognizes that today's National Guard and reserve component forces are essential elements of our nation's total force for national defense and that members of the National Guard and other reserve components of the armed forces of the United States may be called or ordered to active duties in support of a wide variety of military contingencies and operations throughout the world.

(3) The General Assembly recognizes that the Pennsylvania National Guard provides vital support for this Commonwealth by constituting a well-trained, equipped and

disciplined military force to respond to emergencies and other contingencies within this Commonwealth.

(4) The General Assembly finds and declares that the laws of this Commonwealth, providing support for the National Guard and other reserve components of the armed forces of the United States, should be updated in light of the current duties and responsibilities of the National Guard and reserve component forces as part of the total force. Explanatory Note. Act 174 added or amended sections 702, 902, 1906, 3105, 4102, 7302, 7303(c), 7309, 7312, 7313 and 7314 of Title 51. 1996, MARCH 21, P.L.39, NO.12 § 3. Use of existing forms, stationery, etc. The Department of Military and Veterans Affairs shall continue to use or recycle all forms, stationery, business cards and other office supplies or materials which contain references to its predecessor department until the existing supplies and materials are depleted. Explanatory Note. Act 12 amended sections 701 and 9201 of Title 51.
51 Pa.C.S. § 6101 — PA Code / Title 51 / Chapter 61 / Section 6101
Courts of inquiry.
Status: in_force

(a) Who may convene.--Courts of inquiry to investigate any matter of concern to the State military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.

(b) Composition.--A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

(c) Parties.--Any person subject to this part whose conduct is subject to inquiry shall be designated as a party. Any person subject to this part who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.

(d) Challenging member.--Members of a court of inquiry may be challenged by a party but only for cause stated to the court.

(e) Oath or affirmation.--The members, counsel, reporters and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

(f) Witnesses.--Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

(g) Findings and recommendations.--Courts of inquiry shall make findings of fact but shall not express opinions or make recommendations unless required to do so by the convening authority.

(h) Record.--Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
51 Pa.C.S. § 7307 — PA Code / Title 51 / Chapter 73 / Section 7307
Eligibility.
Status: in_force

Every employee otherwise eligible for a military leave of absence shall be granted a military leave of absence commencing upon the date of his eligibility therefor, regardless of whether such date occurred before or after the effective date of this chapter.
51 Pa.C.S. § 7315 — PA Code / Title 51 / Chapter 73 / Section 7315
Termination of leases and similar obligations by military personnel.
Status: in_force

(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more.

(b) Leases which may be terminated.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection

(a), or his agent or attorney-in-fact may terminate or cancel without cost, payment or penalty any lease for premises occupied or used by the member for dwelling, professional, business or agricultural purposes and any lease for an automobile, other motor vehicle, boat, aircraft, furniture, appliances, fixtures or other tangible personal property used by the member for personal, business, agricultural or other private use, provided the lease was executed by or on behalf of the member prior to the commencement of the period of active duty or State active duty and provided the lease was not intended as security under the definition of "security interest" in 13 Pa.C.S. § 1201 (relating to general definitions).

(c) Procedures for termination.--The member may terminate or cancel the lease by notice in writing delivered to the lessor or to the lessor's agent at any time following the beginning of the member's active duty or State active duty. Delivery of the notice may be accomplished by placing it in an envelope properly stamped and duly addressed to the lessor or the lessor's agent and depositing the notice in the United States mail. In the case of leases of premises or tangible personal property providing for monthly payments, termination of the lease shall be effective 30 days after the first date on which the next rental or lease payment is due and payable subsequent to the date when the notice is mailed or delivered. In the case of all other leases, termination shall be effective on the last day of the month following the month in which the notice is delivered or mailed, and, in such case, any rental paid in

advance for a period after termination shall be refunded to the member by the lessor or his agent.

(d) Relief granted to lessor.--Upon application by the lessor to the appropriate court of common pleas prior to the termination provided for in this section, any relief granted by this section shall be subject to such modifications or restrictions as, in the opinion of the court, justice and equity may require in the circumstances. This section does not prohibit the forfeiture, in whole or in part, of a security or damage deposit paid by the member when the forfeiture is authorized by law and the lessor demonstrates that the forfeiture of the deposit is necessary to pay for actual damages to the premises or tangible personal property arising during the period prior to termination of the lease when the premises or tangible personal property were under the care, custody and control of the member or his family.

(e) Memberships subject to termination.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection

(a), may terminate without cost or penalty any membership or similar obligation incurred prior to the member's entry on active duty in a health club, fitness center, country club, outdoor or indoor recreational organization or similar organization where periodic payments are required to maintain membership, or the member, at his option, may suspend his periodic payments during his period of active service and shall be readmitted to active membership without payment of any initiation or other initial membership fee upon release from active service. The notice described in subsection (c) shall be sufficient for a member to notify the club or organization of the termination or suspension of membership. (Apr. 16, 1992, P.L.161, No.29, eff. imd.) 1992 Amendment. Act 29 added section 7315.
51 Pa.C.S. § 6030 — PA Code / Title 51 / Chapter 60 / Section 6030
False official statements.
Status: in_force

Any person subject to this part who, with intent to deceive, signs any false record, return, regulation, order or other official document made in the line of duty knowing the same to be false or makes any other false official statement made in the line of duty knowing the same to be false shall be punished as a court-martial may direct.
51 Pa.C.S. § 7315.1 — PA Code / Title 51 / Chapter 73 / Section 7315.1
Early termination of housing rental agreement by military personnel.
Status: in_force

(a) General rule.--A member of the armed forces of the United States or a member of the Pennsylvania National Guard serving on full-time duty or as a civil service technician with a national guard unit may, through the procedure detailed in this subsection, terminate a housing rental agreement if the member or technician:

(1) has received permanent change of station orders;

(2) has received temporary duty orders in excess of three months;

(3) is honorably discharged or released from active duty with the armed forces of the United States or from full-time duty or technician status with the Pennsylvania National Guard; or

(4) has received orders for mandatory housing assignment to government-supplied quarters resulting in forfeiture of basic allowance for housing (BAH).

(b) Notice of termination.--Tenants who qualify to terminate a housing rental agreement under this section shall do so by serving on the landlord a written notice of termination effective not less than 30 days after receipt of the notice. Prior to the termination date, the tenant shall furnish the landlord with a copy of the official notification of the orders or a signed letter confirming the orders from the tenant's commanding officer.

(c) Final rent.--The final rent shall be prorated to the date of termination and shall be payable at such time as would

have otherwise been required by the terms of the housing rental agreement.

(d) Arrearages and other obligations and liabilities.--Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis.

(e) Rent paid in advance.--Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor, or the lessor's assignee or the assignee's agent, within 30 days of the effective date of the termination of the lease.

(f) Relief to lessor.--Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.

(g) Tenant's obligations.--Nothing in this section shall affect the tenant's obligations under section 503-A of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951.

(h) Penalties.--

(1) Any person who knowingly seizes, holds or detains the personal effects, security deposit or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, commits a summary offense.

(2) The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages. (July 4, 2004, P.L.507, No.65, eff. 60 days) 2004 Amendment. Act 65 added section 7315.1.
51 Pa.C.S. § 5719 — PA Code / Title 51 / Chapter 57 / Section 5719
Record of trial.
Status: in_force

(a) General and special courts-martial.--Each general and special courts-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability or absence. In a court-martial consisting of only a military judge, if the record cannot be authenticated by the military judge by reason of his death, disability or absence, the record shall be authenticated by the signature of the court reporter. A complete verbatim record of the

proceedings and testimony shall be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record shall contain such matters as the Governor or department may by regulation prescribe.

(b) Summary court martial.--Each summary court-martial shall keep a separate record of the proceedings in each case. The record shall be authenticated in such manner as the Governor or department may by regulation prescribe.

(c) Furnishing record to accused.--A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
51 Pa.C.S. § 5914 — PA Code / Title 51 / Chapter 59 / Section 5914
Petition for new trial.
Status: in_force

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial. Cross References. Section 5914 is referred to in section 5917 of this title.
51 Pa.C.S. § 4501 — PA Code / Title 51 / Chapter 45 / Section 4501
Interstate compact for mutual military aid.
Status: in_force

The Commonwealth of Pennsylvania does hereby join, approve and become a party to a solemn compact with the State of New Jersey and the State of New York and any other state concurring therein or otherwise approving thereof, in form and terms as heretofore agreed to by the Governor of the State of New Jersey and the Governor of the State of New York and approved by the respective Legislatures thereof, as follows: An Interstate Compact For Mutual Military Aid In An Emergency.
51 Pa.C.S. § 20 — PA Code / Title 51 / Chapter 20 / Section 20
Qualifications under Internal Revenue Code of 1986.
Status: in_force

The following shall apply:

(1) The amendment of 51 Pa.C.S. § 7306 or 24 Pa.C.S. Pt. IV shall not:

(i) Create in any member of the Public School Employees' Retirement System or in any other person claiming an interest in the account of any member a contractual right, either expressed or implied, in relation to requirements for qualification of the Public School Employees' Retirement System as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

(ii) Establish compliance with or affect any construction of:

(A) 38 U.S.C. Ch. 43.

(B) 24 Pa.C.S. Pt. IV or any rules or regulations adopted under 24 Pa.C.S. Pt. IV.

(2) The provisions of 24 Pa.C.S. Pt. IV shall remain subject to the Internal Revenue Code of 1986, and the General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions as may be required in order to maintain the qualification of the system as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and 38 U.S.C. Ch. 43. 2016, NOVEMBER 3, P.L.1053, NO.135
51 Pa.C.S. § 7306 — PA Code / Title 51 / Chapter 73 / Section 7306
Retirement rights.
Status: in_force

(a) Options available to employees.--Any employee who is a member of a retirement system other than an active member or inactive member on leave without pay of the State Employees' Retirement System, an active participant or inactive participant on leave without pay of the State Employees' Defined Contribution Plan, an active or inactive member of the Public

School Employees' Retirement System or an active or inactive participant of the School Employees' Defined Contribution Plan at the time he is granted a military leave of absence shall be entitled to exercise any one of the following options in regard thereto:

(1) He may continue to make regular payments into the fund during the period of his military leave of absence. The amount of such payments shall be the same as they would have been, had he not been granted a military leave of absence, but had instead remained actively in his employment. The time of making such payments shall be mutually agreed upon by the employee and the retirement association of which he is a member, but in no event shall be less frequent than semiannually. The employer shall make its contributions on the same basis as is used to compute the employee's contributions. In this case, his retirement rights shall be determined on the basis that he was in the active, continuous and uninterrupted employ of his employer for the period during which he was on military leave of absence.

(2) He may discontinue making payments into the fund during the period of his military leave of absence. In such event, the employer shall also discontinue making its contributions during this period. In this case, his retirement rights shall be determined by completely disregarding the period of his military leave of absence for all purposes.

(b) Exercise of options.--Any employee, desiring to exercise option (1) in subsection (a), shall so signify, in writing, to the retirement association of which he is a member within 60 days after the commencement of his military leave of absence or within 60 days after the effective date of this chapter, whichever shall later occur. Any employee who does not exercise option (1) in this manner will be deemed to have exercised option (2).

(c) Change of option.--Any employee who has exercised option

(2) in subsection (a), but who, upon the expiration of his military leave of absence, returns to his employment and desires to receive the benefits of option (1), shall have the right to receive such benefits if he shall comply with the following requirements:

(1) He shall, within six months after he returns to his employment, give written notice to the retirement association of which he is a member of his desire to receive the benefits of option (1).

(2) He shall pay into the retirement fund an amount equal to the total payments he would have made had he exercised option (1). Payment of such amount may be spread over a period of time agreeable to the retirement association and the employee, which in no event shall exceed a period commencing with the date he returned to his employment and equal in duration to the duration of his military leave of absence. Such agreed upon payments shall be made in the same manner as his regular payments into the fund are made. In this case, his employer shall pay into the fund an amount equal to the total payments it would have made had the employee exercised option (1). Payment of such amount by the employer shall be spread over the same time as the employee's payments.

(d) Members of State Employees' Retirement System.--An employee who is an active member or inactive member on leave without pay of the State Employees' Retirement System at the time he is granted a military leave of absence shall be entitled

to receive credit in the State Employees' Retirement System for the leave as provided in 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers).

(e) Members of Public School Employees' Retirement System.--An employee who is an active member or inactive member of the Public School Employees' Retirement System at the time he is granted a military leave of absence shall be entitled to receive credit in the Public School Employees' Retirement System for the leave as provided under 24 Pa.C.S. Pt. IV (relating to retirement for school employees).

(f) Participant of a defined contribution plan.--

(1) (Reserved).

(2) An employee who is an active participant or inactive participant on leave without pay of the State Employees' Defined Contribution Plan at the time the employee is granted a military leave of absence shall be entitled to make contributions to the State Employees' Defined Contribution Trust for the leave as provided by 71 Pa.C.S. Pt. XXV. (Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; July 1, 2013, P.L.174, No.32, eff. July 1, 2013; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsec. (a) intro. par. and added subsec. (f). See section 401 of Act 5 in the appendix to this title for special provisions relating to applicability. 2013 Amendment. Act 32 amended subsec. (a) and added subsec.

(e). See sections 13 and 20 of Act 32 in the appendix to this title for special provisions relating to applicability and qualifications under Internal Revenue Code of 1986. 2012 Amendment. Act 181 amended subsec. (a) and added subsec. (d). See sections 12(1) and 20 of Act 181 in the appendix to this title for special provisions relating to applicability and requirements for qualification as qualified pension plan. Cross References. Section 7306 is referred to in section 7308 of this title; section 8302 of Title 24 (Education); section 5302 of Title 71 (State Government).
51 Pa.C.S. § 4615 — PA Code / Title 51 / Chapter 46 / Section 4615
Filing agreement or power of attorney with court.
Status: in_force

A copy of an agreement entered into or power of attorney made under this subchapter shall be filed within a reasonable time with a court that has issued an order regarding custodial responsibility or child support which is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case shall be provided to the court with the agreement or power. Cross References. Section 4615 is referred to in sections 4611, 4614, 4641 of this title.
51 Pa.C.S. § 4628 — PA Code / Title 51 / Chapter 46 / Section 4628
Grant of limited contact to nonparent.
Status: in_force

On motion of a deploying parent, and in accordance with law of this Commonwealth other than this chapter, unless a court finds that limited contact would be contrary to the best interest of the child, the court shall grant limited contact to a nonparent who is an individual with whom the child has a close and substantial relationship.
51 Pa.C.S. § 9701 — PA Code / Title 51 / Chapter 97 / Section 9701
Responsibilities.
Status: in_force

The department shall have the following responsibilities:

(1) In consultation and cooperation with the United States Department of Defense, the department shall provide public access to a searchable database of individuals who have been awarded the Medal of Honor, the Distinguished Service Cross, the Navy Cross, the Air Force Cross and the Silver Star, which are granted for heroic service in the armed forces of the United States. The searchable database shall include the following:

(i) The recipient's full name.

(ii) The recipient's dates of service.

(iii) The name of the award or decoration.

(iv) The date of award or decoration.

(2) Within one year of the effective date of this paragraph, the department shall issue a report detailing the feasibility of expanding the database established under paragraph (1) to all military awards and decorations. The report shall include an estimate of the costs to the department associated with the establishment, administration and maintenance of the expanded database under this paragraph. The report shall be published on the department's publicly accessible Internet website and shall be delivered to the Veterans Affairs and Emergency Preparedness Committee of the Senate and to the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.

(3) Information pursuant to this chapter shall be available on the department's publicly accessible Internet website within three months of the effective date of this chapter.
51 Pa.C.S. § 2301 — PA Code / Title 51 / Chapter 23 / Section 2301
Appointment of commissioned officers.
Status: in_force

All commissioned officers shall be appointed by the Governor and be commissioned according to the rank in the arm or service in which they are appointed. They shall meet all the requirements and qualifications now or hereafter prescribed by the laws of the United States and the rules and regulations promulgated thereunder for the organization and regulation of the Pennsylvania National Guard. No officer shall be commissioned until he shall have successfully passed such tests as to his physical, moral and professional fitness as shall be prescribed in relation thereto.
51 Pa.C.S. § 4102 — PA Code / Title 51 / Chapter 41 / Section 4102
Leaves of absence for certain government employees.
Status: in_force

(a) Mandatory.--

(1) The following shall apply to paid military leaves of absence:

(i) All officers and employees of the Commonwealth, its political subdivisions or their instrumentalities shall be entitled to paid military leaves of absence from their respective duties without loss of pay or efficiency rating, and without being required to use annual vacation time, as follows:

(A) On all days during which they shall, as members of the Pennsylvania National Guard, be engaged in active State duty under section 508 (relating to active duty for emergency).

(B) On all days not exceeding 15 consecutive or nonconsecutive days in any one year during which they shall, as members of the Pennsylvania National Guard or as members of any reserve component of the armed forces of the United States, be engaged in training or other military duty under orders authorized by Federal or State law.

(ii) All officers and employees of the Commonwealth or its instrumentalities, except for officers and employees of political subdivisions and their instrumentalities, shall be entitled to up to 15 days of paid military leave in addition to the leave under subparagraph (i) in any one year if the officers and employees are ordered to active duty, other than active duty for training, and all of the following apply:

(A) The duty is ordered for a period of at least 30 consecutive days.

(B) The duty is involuntary or is performed in a zone of combat, in response to a domestic emergency or pursuant to a contingency operations service agreement.

(C) The duty is performed while the member is deployed at least 50 miles away from both the member's home duty station and place of residence.

(D) The duty is ordered under 10 U.S.C. § 12301 (relating to Reserve components generally), 12302 (relating to Ready Reserve) or 12304 (relating to Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency) or 32 U.S.C. § 502(f) (relating to required drills and field exercises).

(2) All officers and employees of the Commonwealth, a political subdivision, or their instrumentalities shall, in addition to the leave provided under this subsection, be entitled to unpaid military leave of absence, up to the maximum cumulative period authorized by 38 U.S.C. Ch. 43 (relating to employment and reemployment rights of members of the uniformed services), from their respective duties without loss of seniority or efficiency rating and without being required to use annual vacation time on all days during which:

(i) they are engaged in training or other military duty under orders authorized by Federal or State law; and

(ii) they are not on paid military leave of absence.

(b) Discretionary leave.--The Commonwealth, its instrumentalities and political subdivisions and their instrumentalities shall be authorized and permitted to provide paid military leave or other compensation and/or continue medical and other benefits to members of the Pennsylvania National Guard and other reserve components of the United States Armed Forces for days in excess of those provided in subsection

(a) when the member shall be engaged in training or other military duty under orders authorized by Federal or State law.

(c) Calculation of leave.--

(1) An employee who is on paid or unpaid military leave for a period encompassing one entire calendar day shall be charged with one day's military leave on each workday notwithstanding the number of hours encompassed in the employee's workday. An employee on paid military leave shall be paid for the leave based on the compensation due for the leave period.

(2) An employee who is on paid or unpaid military leave of absence for a shift that extends into two consecutive calendar days shall be charged with only one day of military leave if the employee returns to work for the next regular shift. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 1, 2005, P.L.327, No.62, eff. imd.; Nov. 9, 2006, P.L.1383, No.150, eff. 60 days; Nov. 1, 2013, P.L.667, No.80, eff. imd.) 2006 Amendment. Section 2 of Act 150 provided that Act 150 shall be retroactive to January 1, 2005, for officers and employees who did not qualify under subsec. (a)(2) as amended by Act 62 of 2005 and shall apply prospectively for all other officers and employees. 2005 Amendment. Section 3 of Act 62 provided that Act 62 shall be retroactive to January 1, 2005.

Cross References. Section 4102 is referred to in sections 8102, 8302, 8506 of Title 24 (Education); sections 5102, 5302, 5902, 5906 of Title 71 (State Government).
51 Pa.C.S. § 5802 — PA Code / Title 51 / Chapter 58 / Section 5802
Maximum limits.
Status: in_force

(a) General rule.--The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or department may prescribe for that offense. In no instance may a sentence to confinement exceed more than five years for a military offense.

(b) Punitive offenses.--The limits of punishment for an offense described in Chapter 60 (relating to punitive sections) shall be prescribed by the Governor or department by regulation. In no instance shall any punishment exceed that authorized by this section or the maximum punishment authorized by the United States Manual for Courts-Martial.
51 Pa.C.S. § 9805 — PA Code / Title 51 / Chapter 98 / Section 9805
Participants.
Status: in_force

Requirements for participation in the program shall be as prescribed by the United States Secretary of Defense under 32 U.S.C. § 509(e) (relating to National Guard Youth Challenge Program of opportunities for civilian youth).
51 Pa.C.S. § 9802 — PA Code / Title 51 / Chapter 98 / Section 9802
Program established.
Status: in_force

To the extent funds are appropriated for the purposes provided under this chapter, the department shall establish a youth challenge program as provided for under 32 U.S.C. § 509 (relating to National Guard Youth Challenge Program of opportunities for civilian youth). The program shall be known as the Keystone State Challenge Academy.
51 Pa.C.S. § 5916 — PA Code / Title 51 / Chapter 59 / Section 5916
Restoration.
Status: in_force

(a) General rule.--Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed portion is included in a sentence imposed upon the new trial or rehearing.

(b) Substitution of administrative discharge for invalid discharge.--If a previously executed sentence of dishonorable or bad-conduct discharge is not sustained on a new trial, the Governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
51 Pa.C.S. § 1510 — PA Code / Title 51 / Chapter 15 / Section 1510
Property in armories of units in Federal service.
Status: in_force

(a) Custody and use.--When units of the Pennsylvania National Guard are called or ordered into the service of the United States, all furniture, permanent property and equipment located in their respective armories, purchased from State or municipal funds, or donated to the unit from private sources, will be left in the armory and will be taken into custody by the board, to be used by units of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard assigned to the armory, until such time as the Pennsylvania National Guard unit or organization returns.

(b) Reassignment and disposition.--If, upon the reorganization of the Pennsylvania National Guard following a war or emergency, the organization is not reorganized or is

assigned to another location within this Commonwealth, then the property in question becomes the property of the Commonwealth to assign, reassign and dispose of as the board may decide or direct. (July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 5502 — PA Code / Title 51 / Chapter 55 / Section 5502
Who may convene special courts-martial.
Status: in_force

(a) General rule.--Special courts-martial may be convened by any of the following:

(1) Any person who may convene a general court-martial.

(2) The commanding officer of a garrison, fort, post, camp, station, Pennsylvania National Guard base or station.

(3) The commanding officer of a brigade, regiment or corresponding unit of the Army.

(4) The commanding officer of a group or corresponding unit of the Air Force.

(5) The commanding officer or officer in charge of any other command when authorized by the Adjutant General.
51 Pa.C.S. § 104 — PA Code / Title 51 / Chapter 1 / Section 104
Character of discharge.
Status: in_force

(a) General rule.--Whenever a particular character of discharge is a prerequisite to eligibility for receiving a benefit provided for in this title, an individual must have received a discharge from service under conditions other than dishonorable. Recipients of a discharge under conditions other than dishonorable include the following:

(1) A recipient of an honorable discharge.

(2) A recipient of a general, under honorable conditions, discharge.

(3) A recipient of a discharge under other than honorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs.

(4) A recipient of a discharge for which benefits are payable under 38 CFR 3.12 (relating to character of discharge).

(b) Exclusions.--A discharge under conditions other than dishonorable does not include:

(1) A dishonorable, bad conduct or undesirable discharge.

(2) A discharge or release because of one of the offenses specified in 38 CFR 3.12(d).

(c) Uncharacterized separations.--A recipient of an uncharacterized discharge or separation shall be evaluated based upon 38 CFR 3.12(k). (Dec. 17, 2015, P.L.458, No.82, eff. 60 days) 2015 Amendment. Act 82 added section 104. Cross References. Section 104 is referred to in section 1301 of Title 16 (Counties).
51 Pa.C.S. § 5407 — PA Code / Title 51 / Chapter 54 / Section 5407
Record of proceedings.
Status: in_force

A complete written record of proceedings and testimony shall be made for any general court-martial under this part. A bad-conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has been made.
51 Pa.C.S. § 3226 — PA Code / Title 51 / Chapter 32 / Section 3226
Limitations.
Status: in_force

An eligible member may not assign more than five academic years or their equivalent, as determined by the agency.
51 Pa.C.S. § 2316 — PA Code / Title 51 / Chapter 23 / Section 2316
Transfer of unaccepted personnel to Pennsylvania Guard.
Status: in_force

When the Pennsylvania National Guard, or any part thereof, is ordered or called into the service of the United States, officers, warrant officers and enlisted personnel of the Pennsylvania National Guard not accepted for Federal service because of physical defects, age or other cause may be immediately transferred to the rolls of the Pennsylvania Guard

and assigned to units or organizations of the Pennsylvania Guard by the department. The officer, warrant officer and enlisted personnel so transferred may serve in the Pennsylvania Guard for the duration of the emergency plus six months unless sooner discharged under the terms of their State commission or enlistment contract.
51 Pa.C.S. § 7501 — PA Code / Title 51 / Chapter 75 / Section 7501
Definitions.
Status: in_force

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

"Person." An individual, whether male or female, who may, have been, is now or may hereafter become engaged in the service of the United States of America or its allies as a member of the armed forces, or of the merchant marine thereof, or of any auxiliary thereof subject to military discipline.

"Veteran." An individual who has served in the United States Armed Forces, including a reserve component and National Guard, and who has been discharged or released from the service under conditions other than dishonorable. (July 10, 2015, P.L.134, No.23, eff. 60 days)
51 Pa.C.S. § 5717 — PA Code / Title 51 / Chapter 57 / Section 5717
Number of votes required.
Status: in_force

(a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of accused) or by the concurrence of two-thirds of the members present at the time the vote is taken.

(b) Other matters.--All other matters to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion relating to the accused's sanity is a determination against the accused. A tie vote on any other matter is a determination in favor of the accused. Cross References. Section 5717 is referred to in sections 5716, 5720 of this title.
51 Pa.C.S. § 902 — PA Code / Title 51 / Chapter 9 / Section 902
General powers and duties of Adjutant General.
Status: in_force

The Adjutant General as head of the department is responsible to the Commonwealth and to the Governor for the organization and functioning of said department, and the performance and carrying out of all the duties, powers and responsibilities

given or delegated. In addition he is hereby authorized and directed to:

(1) Maintain an office through which correspondence on military affairs between the Commonwealth and the Federal Government will be conducted, including that pertaining to funds and property issued by the Federal Government for organization and training of the Pennsylvania military forces.

(2) Maintain all military records until transferred to the Pennsylvania archives or, where so directed, to the proper Federal department.

(3) Maintain historical outlines and permanent historical records of organizations of the Pennsylvania military forces.

(4) Maintain armories, arsenals, military reservations, air bases and all property and equipment intended for the use and training of the Pennsylvania military forces.

(5) Obtain and issue medals in accordance with regulations promulgated under this title.

(6) Prepare all citations, when required, and make arrangements for the proper presentation of the decoration, medal or award.

(7) Convene boards of officers to consider and make recommendations upon such matters as may be referred to them.

(8) Maintain a list of active and retired members of the Pennsylvania National Guard with name, rank, organization, date of appointment, date of retirement and residence.

(9) Execute and enforce the policies of the Commonwealth relative to the Pennsylvania military forces.

(10) Make such bylaws, rules and regulations for the management, general direction and control of the property of the Pennsylvania Soldiers' and Sailors' Home or homes wherever situate.

(11) Coordinate with other Commonwealth agencies and departments, and the respective agencies of the Federal Government, all matters relating to veterans' affairs within this Commonwealth.

(12) Appoint a Deputy Adjutant General for Veterans' Affairs, who shall serve as the Director of the Bureau for Veterans' Affairs.

(13) Approve issuance of a policy or policies of group life insurance to an association or associations to cover members of the Pennsylvania National Guard.

(14) Authorize the admittance of any member of a group which has been granted veterans status by the Secretary of Defense and any spouse of a member to State veterans' homes, using admission criteria and procedures as established by the department by regulation. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; Apr. 29, 1998, P.L.296, No.49, eff. imd.; May 15, 1998, P.L.443, No.59, eff. imd.) 1998 Amendments. Act 49 amended par. (12) and Act 59 amended the entire section. Act 59 overlooked the amendment by Act 49, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 902.
51 Pa.C.S. § 1303 — PA Code / Title 51 / Chapter 13 / Section 1303
General officers of Pennsylvania Guard.
Status: in_force

(a) General rule.--Persons commissioned to and holding in the Pennsylvania Guard the rank of general officer shall be known as general officers of the Pennsylvania Guard. The number of general officers shall be determined by the Governor. General officers shall be appointed by the Governor with the consent of the Senate unless previously confirmed as a general officer by the Senate.

(b) Qualifications.--Any person appointed a general officer of the Pennsylvania Guard shall have served at least ten years as a commissioned officer in either the Pennsylvania National Guard, Pennsylvania Guard or any of the armed forces of the United States or their reserve components, which service may be cumulative.
51 Pa.C.S. § 3302 — PA Code / Title 51 / Chapter 33 / Section 3302
Uniforms, arms and equipment.
Status: in_force

The Governor is authorized to requisition from the Department of Defense such uniforms, arms and equipment as may be available for use of the Pennsylvania Guard as may be authorized by the Congress of the United States to be made available to the Pennsylvania Guard. In the event uniforms and equipment are not available from the Federal Government for the use of the Pennsylvania Guard, the Governor shall cause to be provided such uniforms, arms and equipment as may be necessary for the efficient functioning and operation of the Pennsylvania Guard.
51 Pa.C.S. § 9501 — PA Code / Title 51 / Chapter 95 / Section 9501
Scope of chapter.
Status: in_force

This chapter relates to long-term care patient access to pharmaceuticals.
51 Pa.C.S. § 704 — PA Code / Title 51 / Chapter 7 / Section 704
Advisory councils for veterans' homes.
Status: in_force

(a) Establishment of advisory council.--There is hereby established an advisory council for each veterans' home operated by the Commonwealth to provide stakeholders with a means to advise the Adjutant General on the resident care, management, operations and compliance of facilities and services in veterans' homes to ensure high-quality health care and well-being for residents of veterans' homes. Each advisory council shall consist of 15 members and the Adjutant General or the Adjutant General's designee, who shall serve ex officio. The following shall apply:

(1) Ten of the members shall be appointed by the Governor from a list of nominations submitted to the Adjutant General by the Pennsylvania War Veterans' Council. Appointees under this paragraph shall be veterans from the local community of the veterans' home.

(2) Three of the members shall be appointed by the Governor from a list of nominations submitted to the Adjutant General by current residents of the veterans' home and shall include a family member of a current or former resident of the veterans' home.

(3) The Speaker of the House of Representatives and the President pro tempore of the Senate shall each appoint one member from their respective bodies to serve on each council.

(4) The department shall designate a subject matter expert to attend each advisory council's meeting to provide input on the resident care, management, operations and compliance of facilities and services in each veterans' home.

(b) Term of office and officers.--

(1) Each member of the councils appointed from the General Assembly shall serve for the duration of that General Assembly. Except as provided under paragraph (2), the thirteen members appointed by the Governor shall serve a term of three years.

(2) The initial thirteen members selected by the Governor on or after the effective date of this paragraph shall serve as follows: four members for one year, four members for two years and five members for three years as designated by the Governor.

(3) Each council shall organize as soon as possible and shall annually elect a president, vice president and secretary from the voting members.

(c) Removal for cause.--The members appointed by the Governor may be removed by the Governor for cause.

(d) Quorum and time of meetings.--Six members of a council shall constitute a quorum for the purpose of conducting the business of the council. Each advisory council shall meet at least quarterly and at other times at the call of the president. Each advisory council shall conduct meetings in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

(e) Expenses.--Members of each advisory council shall receive no compensation for their services but shall receive reimbursement for their necessary and proper expenses for attendance at meetings.

(f) Power and duty of advisory councils.--Each veterans' home advisory council shall advise the Adjutant General as to the resident care, management, operation and the compliance of facilities and services at their respective homes.

(g) Annual reports.--Each advisory council shall submit an annual report to the department that identifies the work of the advisory council, includes an overall assessment of the resident care, management, operations and compliance of facilities and services in each veterans' home and provides recommendations. The department shall submit a consolidated report on the annual reports submitted by each advisory council under this subsection to the Adjutant General and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives no later than January 30, 2026, and each year thereafter. (Nov. 26, 1978, P.L.1207, No.283, eff. imd.; Oct. 16, 1998, P.L.780, No.96, eff. 60 days; June 30, 2025, P.L.71, No.20, eff. imd.) 2025 Amendment. Act 20 amended subsecs. (a), (b), (d) and

(f) and added subsec. (g). Section 2 of Act 20 provided that the amendment or addition of subsecs. (a)(1) and (2) and (b)(1) and (2) shall apply upon the expiration of a member's term on the advisory council appointed by the Governor before the effective date of section 2. 1978 Amendment. Act 283 added section 704.
51 Pa.C.S. § 6033 — PA Code / Title 51 / Chapter 60 / Section 6033
Improper hazarding of vessel.
Status: in_force

(a) Willful conduct.--Any person subject to this part who willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or the State military forces shall be punished as a court-martial may direct.

(b) Negligent conduct.--Any person subject to this part who negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or the State military forces shall be punished as a court-martial may direct.
51 Pa.C.S. § 3208 — PA Code / Title 51 / Chapter 32 / Section 3208
(Reserved).
Status: reserved

(July 1, 2019, P.L.233, No.32, eff. imd.)
51 Pa.C.S. § 3223 — PA Code / Title 51 / Chapter 32 / Section 3223
Eligibility.
Status: in_force

An eligible member may apply for participation in the program if the eligible member does or meets all of the following:

(1) Has been a satisfactory participant in Pennsylvania National Guard activities for a minimum service period established by the Adjutant General or is a former eligible member and has received a discharge other than a dishonorable discharge.

(2) Has accepted an obligation to serve in the Pennsylvania National Guard for a period of at least eight years and has not accepted an obligation under Subchapter A (relating to Educational Assistance Program) or A.1 (relating to Military Family Education Program) for the same service period. The service obligation to the Pennsylvania National Guard shall be two years as a cadet in the military college and eight years as a commissioned officer.

(3) Serves as a Simultaneous Membership Program cadet in the Pennsylvania National Guard and accepts a Pennsylvania National Guard commission upon graduation from the military college.

(4) Provides proof of United States citizenship.

(5) Provides proof of meeting physical standards, in effect on the effective date of this section, required to be considered to serve in the United States Army.

(6) Provides proof of meeting academic standards, in effect on the effective date of this section, required to be considered to serve in the United States Army as a commissioned officer.

(7) Provides a letter of intent.

(8) Provides a letter of acceptance into the Early Commissioning Program.
51 Pa.C.S. § 7203 — PA Code / Title 51 / Chapter 72 / Section 7203
Veterans' preference private employment policy.
Status: in_force

(a) Authority.--A private employer may adopt and apply a veterans' preference employment policy.

(b) Policy.--A veterans' preference employment policy shall:

(1) be in writing;

(2) require the inclusion of a statement in any job posting that indicates that the employer has and applies a veterans' preference employment policy;

(3) be provided to the applicant at time of hiring and provided to all employees on an annual basis; and

(4) be applied uniformly to employment decisions regarding:

(i) the hiring of new applicants;

(ii) the promotion of current employees; and

(iii) the retention of employees during a reduction in the work force.
51 Pa.C.S. § 4604 — PA Code / Title 51 / Chapter 46 / Section 4604
Jurisdiction.
Status: in_force

(a) Exercise.--A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under 23 Pa.C.S. Ch. 54 (relating to uniform child custody jurisdiction and enforcement).

(b) Order of temporary custodial responsibility.--If a court has issued an order regarding temporary custodial responsibility under Subchapter C (relating to judicial procedure for granting custodial responsibility during deployment), the residence of the deploying parent is not changed by reason of the deployment for the purposes of 23 Pa.C.S. Ch. 54 during the deployment.

(c) Order of custodial responsibility.--If a court has issued an order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement under Subchapter B (relating to agreement addressing custodial responsibility during deployment), the residence of the deploying parent is not changed by reason of the deployment for the purposes of 23 Pa.C.S. Ch. 54.

(d) Action in other state.--If a court in another state has issued an order regarding temporary custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of 23 Pa.C.S. Ch. 54.

(e) Temporary emergency jurisdiction.--This section does not prevent a court from exercising jurisdiction under 23 Pa.C.S. § 5424 (relating to temporary emergency jurisdiction).

Cross References. Section 4604 is referred to in section 4621 of this title.
51 Pa.C.S. § 4651 — PA Code / Title 51 / Chapter 46 / Section 4651
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

To the extent permitted by 15 U.S.C. § 7002 (relating to exemption to preemption), this chapter may supersede provisions of that act.
51 Pa.C.S. § 9504 — PA Code / Title 51 / Chapter 95 / Section 9504
State Board of Pharmacy.
Status: in_force

The board has the following powers and duties:

(1) Develop the form required by section 9505(b)(3) and

(4) (relating to third-party drugs in long-term care facilities).

(2) Publish a notice in the Pennsylvania Bulletin that the form has been developed.
51 Pa.C.S. § 5803 — PA Code / Title 51 / Chapter 58 / Section 5803
Grading of offenses.
Status: in_force

(a) Felonies.--A conviction by general court-martial for any military offense for which an accused may receive a sentence of confinement for more than one year is the equivalent of a felony offense.

(b) Misdemeanors.--Except for convictions by a summary court-martial, all other military offenses are the equivalents of misdemeanors.

(c) Noncriminal.--Any conviction by a summary court-martial is not a criminal conviction.
51 Pa.C.S. § 3206 — PA Code / Title 51 / Chapter 32 / Section 3206
Limitations.
Status: in_force

(a) Time.--

(1) Except as otherwise provided in paragraph (2), no eligible member shall be eligible for full-time or part-time educational assistance grants or a combination thereof under this subchapter for a total of more than five academic years or their equivalent as determined by the agency.

(2) An eligible member who withdraws from a program of education due to being ordered to serve on active duty for more than 30 consecutive days, including active duty for

training, shall be granted an additional period of eligibility equal to the lost semester or its equivalent, whichever is longer.

(3) When an eligible member withdraws from a program of education as provided for under paragraph (2), the eligible member shall be granted an educational leave of absence as provided for under section 7313 (relating to educational leave of absence).

(b) Active duty.--

(1) Except as otherwise provided in paragraph (2) or

(3), no grant payments shall be made under this subchapter except during the eligible member's term of service as a member in good standing of the Pennsylvania National Guard.

(2) For eligible members who were called or ordered to active Federal service or active State duty under section 508 (relating to active State duty for emergency) after September 11, 2001, the deadline for making grant payments shall be extended for one additional month for each month or part of month of such service after the eligible member is discharged or released under other than dishonorable conditions from the Pennsylvania National Guard.

(3) For eligible members discharged because of a disability incurred in the line of duty who are eligible under section 3202(c) (relating to eligibility), the deadline for making grant payments shall be:

(i) Six years after the eligible member's medical discharge for members discharged for a medical disability on or after the effective date of this paragraph unless extended under section 3202 (c)(6).

(ii) Six years following the effective date of this paragraph for eligible members discharged for a medical disability after September 11, 2001, and before the effective date of this paragraph unless extended under section 3202 (c)(6).

(c) Limit on tuition.--At no time may a State System of Higher Education institution charge an eligible member more than the in-State rate. (Dec. 22, 2005, P.L.441, No.82, eff. 60 days; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.) 2019 Amendment. Act 32 amended subsecs. (a) and (b)(2) and

(3) and added subsec. (c). 2014 Amendment. Act 78 amended subsecs. (a)(1) and (b)(1). 2006 Amendment. Act 44 amended subsec. (b). Section 3 of Act 44 provided that the amendment of subsec. (b) shall apply to grants awarded for any course of study commenced on or after May 1, 2006. Cross References. Section 3206 is referred to in section 3202 of this title.
51 Pa.C.S. § 6046 — PA Code / Title 51 / Chapter 60 / Section 6046
Embezzlement.
Status: in_force

Any person subject to this part who shall, while in a duty status, embezzle, misapply or convert to his own use, without authority, any moneys received by or entrusted to him for disbursement or articles of military equipment shall be punished as a court-martial may direct.
51 Pa.C.S. § 4652 — PA Code / Title 51 / Chapter 46 / Section 4652
Savings clause.
Status: in_force

This chapter does not affect the validity of any court order or agreement concerning custodial responsibility during deployment which was issued or entered into before the effective date of this section.
51 Pa.C.S. § 6111 — PA Code / Title 51 / Chapter 61 / Section 6111
Delegation of authority by Governor and Adjutant General.
Status: in_force

The Governor or Adjutant General may delegate any authority vested in him under this part and provide for the subdelegation of any such authority, except the power given the Governor by section 5406 (relating to sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor).
51 Pa.C.S. § 6013 — PA Code / Title 51 / Chapter 60 / Section 6013
Disrespect toward superior commissioned officer.
Status: in_force

Any person subject to this part who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
51 Pa.C.S. § 5715 — PA Code / Title 51 / Chapter 57 / Section 5715
Admissibility of records of courts of inquiry.
Status: in_force

(a) Court-martial.--In any case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.

(b) Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge of a commissioned officer.

(c) Court of inquiry.--Such testimony may also be read in evidence before a court of inquiry by either party.
51 Pa.C.S. § 5702 — PA Code / Title 51 / Chapter 57 / Section 5702
Unlawfully influencing action of court.
Status: in_force

(a) General rule.--No authority convening a general, special or summary court-martial nor any other commanding officer or officer serving on the staff thereof shall censure, reprimand or admonish the court or any member, military judge or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of its or his functions in the conduct of the proceedings. No person subject to this part may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or court of inquiry or any member thereof in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts.

(b) Exceptions.--Subsection (a) shall not apply with respect to any of the following:

(1) General instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial.

(2) Statements and instructions given in open court by the military judge, summary court-martial officer or counsel.

(c) Performance reports on members and counsel.--In the preparation of an effectiveness, fitness or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the State military forces is qualified to be advanced in grade, in determining the assignment or transfer of a member of the State military forces or in determining whether a member of the State military forces should be retained on active status, no person subject to this part may, in preparing any such report:

(1) consider or evaluate the performance of duty of any such member as a member of a court-martial or witness therein; or

(2) give a less favorable rating or evaluation of any counsel because of the zeal with which counsel represented the accused before a court-martial.
51 Pa.C.S. § 4110 — PA Code / Title 51 / Chapter 41 / Section 4110
Expedited or electronic hearing (Repealed).
Status: repealed

2025 Repeal. Section 4110 was repealed October 27, 2025, P.L.131, No.40, effective in 30 days.
51 Pa.C.S. § 1502 — PA Code / Title 51 / Chapter 15 / Section 1502
Erection of armories.
Status: in_force

The board may, with money appropriated to it from the fund, erect or provide armories anywhere within the limits of this Commonwealth, upon the terms and conditions as shall be decided upon by the board. These armories shall be used to store and maintain property and support training assemblies, meetings and rendezvous purposes by the organizations of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard. (July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 3210.1 — PA Code / Title 51 / Chapter 32 / Section 3210.1
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:

"Agency." The Pennsylvania Higher Education Assistance Agency.

"Annual tuition rate." The in-State tuition rate, including a technology tuition fee, established or approved by May 1 of each year by the Board of Governors of the State System of Higher Education.

"Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency.

"Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training, refresher, remedial or deficiency course or preparatory or special education training course necessary to enable the individual to pursue an approved program of education on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning.

"Benefit." The Military Family Education Program grant which shall be given to an eligible member's assigned family member who has complied with all of the requirements provided for under this subchapter.

"Certificate of eligibility." A certificate from the department that certifies a family member's eligibility for a Military Family Education Program grant.

"Costs of attendance." Allowable educational expenses, as determined by the agency, that are consistent with the administration of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law.

"Eligible member." A member of the Pennsylvania National Guard who has completed an initial service obligation in the Pennsylvania National Guard and is eligible to reenlist in the Pennsylvania National Guard for a period of six years or, if a commissioned officer, is eligible to serve in the Pennsylvania National Guard for an additional six years.

"Family member." A dependent of an eligible member who is enrolled in the United States Department of Defense's Defense Enrollment Eligibility Reporting System or would be eligible to enroll in the Defense Enrollment Eligibility Reporting System if the eligible member had not been discharged from the Pennsylvania National Guard.

"Full-time student." A family member enrolled in an approved institution of higher learning pursuing an approved program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study.

"Fund." The Military Family Education Program Fund established under section 3210.10 (relating to Military Family Education Program Fund).

"Part-time student." A family member enrolled in an approved institution of higher education pursuing an approved program of education of less than 12 credit hours per semester or its equivalent that is recognized by the agency as a part-time course of study.

"Promissory note." A written contract signed by a member of the Pennsylvania National Guard in which the member promises to repay the awarded Military Family Education Program grant amount.

"Technology tuition fee." A separate tuition fee established by the Board of Governors of the State System of Higher Education for rendering technology resources and services to enhance student learning experiences. (July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Act 32 amended the def of "approved program of education."
51 Pa.C.S. § 1503.1 — PA Code / Title 51 / Chapter 15 / Section 1503.1
Management of buildings and structures located at Fort Indiantown Gap.
Status: in_force

The board is authorized to direct the administration and utilization of any building or structure at Fort Indiantown Gap that is owned or controlled by the Commonwealth. (July 7, 2022, P.L.494, No.48, eff. 60 days) 2022 Amendment. Act 48 added section 1503.1.
51 Pa.C.S. § 2501 — PA Code / Title 51 / Chapter 25 / Section 2501
Oath of commissioned officers.
Status: in_force

Each commissioned officer before entering upon the duties of his appointment shall take and subscribe the following oath: "I, .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania against all enemies; that I will bear true faith and allegiance to the same; that I will obey the orders of the Governor of the Commonwealth of Pennsylvania; that I make this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office .......... in the Pennsylvania Guard upon which I am about to enter."
51 Pa.C.S. § 4106 — PA Code / Title 51 / Chapter 41 / Section 4106
Exemptions from further military service and jury duty.
Status: in_force

In addition to the exemptions now allowed by law, any person who shall have performed duty in the Pennsylvania National Guard for a period of nine years or who served for nine months or a longer period in active service of the United States and was honorably discharged or mustered out, shall be exempt from further military service, except in case of war, invasion or insurrection. Every officer and enlisted person of the Pennsylvania National Guard shall be exempt from jury duty during the period of his active service.
51 Pa.C.S. § 6031 — PA Code / Title 51 / Chapter 60 / Section 6031
Loss, damage, destruction or wrongful disposition of military property.
Status: in_force

Any person subject to this part who, without proper authority:

(1) sells or otherwise disposes of;

(2) willfully or through neglect damages, destroys or loses; or

(3) willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of; any military property of the United States or of the Commonwealth or any other state shall be punished as a court-martial may direct.
51 Pa.C.S. § 5918 — PA Code / Title 51 / Chapter 59 / Section 5918
Leave pending review of conviction.
Status: in_force

Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence, as approved under section 5902 (relating to action by convening authority) or 5906 (relating to approval by convening authority) includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved under section 5906 or at any time after such date, and such leave may be continued until the date on which action under this chapter is completed or may be terminated at any earlier time.
51 Pa.C.S. § 4614 — PA Code / Title 51 / Chapter 46 / Section 4614
Power of attorney.
Status: in_force

(a) Authorization.--A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult family member or spouse for the period of deployment if:

(1) the deploying parent has sole legal custody pursuant to a court order under the laws of this Commonwealth other than this chapter; or

(2) a court order currently in effect prohibits contact between the child and the other parent.

(b) Notice.--

(1) For an authorization under subsection (a) to be valid, except as specified in paragraph (2), the deploying parent must give notice in a record to the other parent of the delegation of custodial responsibility through the power of attorney within 72 hours of the execution of the power.

(2) Paragraph (1) does not apply if:

(i) the deploying parent has sole legal custody pursuant to a court order under the laws of this Commonwealth other than this chapter;

(ii) the other parent has not participated in the life of the child for a period of at least six months immediately preceding the execution of the power; or

(iii) the location of the other parent is unknown to the deploying parent.

(c) Revocation.--

(1) The deploying parent may revoke the power of attorney in a record signed by the deploying parent.

(2) If the power of attorney is required to be filed with a court under section 4615 (relating to filing agreement or power of attorney with court), a copy of the signed revocation shall also be filed with the court.
51 Pa.C.S. § 6106 — PA Code / Title 51 / Chapter 61 / Section 6106
Execution of process and sentence.
Status: in_force

The processes and sentences of courts-martial of the State military forces shall be executed by the civil officers prescribed by the laws of this Commonwealth or by the officers of the State military forces as the circumstances may require. Fees for serving processes provided for in this part shall be the same as prescribed by law for similar processes of a civil nature and shall, upon proper vouchers being filed, be paid by the Adjutant General in the usual manner.
51 Pa.C.S. § 7109 — PA Code / Title 51 / Chapter 71 / Section 7109
Law exclusive.
Status: in_force

This chapter shall be construed as being the exclusive law applying to the Commonwealth, and its political subdivisions and municipal agencies, in giving preference to veterans in appointment to, or retention in, public position or on public works. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
51 Pa.C.S. § 12 — PA Code / Title 51 / Chapter 12 / Section 12
Applicability.
Status: in_force

This act shall apply as follows:

(1) The amendment or addition of 51 Pa.C.S. § 7306(a) and (d) shall apply only to leaves of absence or military leaves of absence that are granted on or after the effective date of this section.

* * * Explanatory Note. Act 181 amended section 7306 of Title 51 and sections 5102, 5302, 5303, 5304, 5306.3, 5307, 5308, 5505, 5506, 5507, 5509, 5706, 5707, 5902, 5905, 5906 and 5907 of Title 71. § 20. Requirements for qualification as qualified pension plan. Nothing in this act which amends or supplements provisions of 51 Pa.C.S. or 71 Pa.C.S. Pt. XXV shall create in any member of the State Employees' Retirement System or in any other person claiming an interest in the account of any member a contractual right, either expressed or implied, in relation to requirements for qualification of the State Employees' Retirement System as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), compliance with nor any construction of 38 U.S.C. Ch. 43 (relating to employment and reemployment rights of members of the uniformed services), known as the Uniformed Services Employment and Reemployment Rights Act or 71 Pa.C.S. Pt. XXV, as amended or supplemented, or any rules or regulations adopted under 71 Pa.C.S. Pt. XXV. The provisions of 71 Pa.C.S. Pt. XXV shall remain subject to the Internal Revenue Code of 1986, and the General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions as may from time to time be required in order to maintain the qualification of the system as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and 38 U.S.C. Ch. 43. 2013, JULY 1, P.L.174, NO.32
51 Pa.C.S. § 5701 — PA Code / Title 51 / Chapter 57 / Section 5701
Governor and department may prescribe rules.
Status: in_force

(a) General rule.--Pretrial, trial and posttrial procedures, including modes of proof, in court-martial cases arising under this part and for courts of inquiry may be prescribed by the Governor or the department as delegated by the Governor, by regulations, which shall apply the principles of law and the rules of evidence generally recognized in military criminal cases in courts-martial of the armed forces but which shall not be contrary to or inconsistent with this part.

(b) Uniformity.--All rules and regulations made pursuant to the provisions of this section shall be uniform insofar as practicable among the State military forces. Cross References. Section 5701 is referred to in sections 5703, 5704 of this title.
51 Pa.C.S. § 3210.7 — PA Code / Title 51 / Chapter 32 / Section 3210.7
Recoupment of Military Family Education Program grant payments.
Status: in_force

(a) General rule.--

(1) Except as provided in paragraph (2), an eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of Military Family Education Program grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation and the promissory note under section 3210.4(b) (relating to Military Family Education Program grants) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine.

(2) Notwithstanding section 3210.4(b), an eligible member who fails to meet the six-year service obligation of this subchapter or meet other requirements established by the Adjutant General shall only be liable to the agency for a proportional share of the promissory note under section 3210.4(b). The agency shall reduce the amount owed by an eligible member based off the time of service obligation completed.

(b) Forgiveness of recoupment.--Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of a family member's Military Family Education Program grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation is the result of one of the following:

(1) The eligible member's death. If all provisions in section 3210.2(c) (relating to eligibility) are not met, the Military Family Education Program grant shall be repaid by the family member or family members who used the benefit

upon demand of the agency on a schedule as the agency may determine.

(2) The eligible member's discharge because of disability.

(3) The eligible member's discharge because of a medical determination that was not due to the eligible member's misconduct.

(3.1) The eligible member's discharge at the convenience of the department or the Pennsylvania National Guard.

(4) The existence of other compelling circumstances that warrant forgiveness. (July 7, 2025, P.L.108, No.32, eff. 60 days) Cross References. Section 3210.7 is referred to in section 3210.4 of this title.
51 Pa.C.S. § 908 — PA Code / Title 51 / Chapter 9 / Section 908
Expenditures in connection with distinguished guests.
Status: in_force

The Adjutant General is authorized to expend, not to exceed $10,000 annually, for the carrying out of his functions under this title for the entertainment of distinguished guests on official business. Payment shall be made by the State Treasurer in the normal manner upon submission of proper voucher by the Adjutant General.
51 Pa.C.S. § 506.1 — PA Code / Title 51 / Chapter 5 / Section 506.1
Use of Pennsylvania National Guard for special State duty.
Status: in_force

(a) Authorization.--The Governor may place, or delegate authority to the Adjutant General to order, any volunteer member of the Pennsylvania National Guard or, if unavailable due to call or order into the service of the United States, any member of the Pennsylvania Guard on special State duty to respond to community needs, support Commonwealth functions and ceremonies, participate in courts-martial and board functions, support State and local governments and designated critical infrastructure with cybersecurity functional support and nongovernmental and educational institutions with cyber training or exercises and perform other necessary military duties to the extent that money is appropriated and available for special State duty.

(b) Report.--

(1) If members of the Pennsylvania National Guard or Pennsylvania Guard are ordered to special State duty in support of Federal, State and local cybersecurity functions, operations or training or exercise support, the Governor shall annually, by April 1, submit a report to the General Assembly setting forth the following, which shall protect the security of sensitive information:

(i) the types of cybersecurity operations and training performed;

(ii) the name and type of organizations supported;

(iii) the number and types of personnel involved;

(iv) the types of equipment and systems utilized; and

(v) problems encountered in matters of jurisdiction, command and control, hostile encounters and operation approval procedures.

(2) The report shall include a breakdown of support provided in the normal course of training and support substantially equivalent to training.

(c) Limitation.--Special State duty shall not be provided if the provision of the support will adversely affect the ability of the Pennsylvania National Guard or Pennsylvania Guard to perform its primary military-preparedness missions.

(d) Adjutant General.--In addition to the powers and duties of the Adjutant General under this title, the Adjutant General is authorized and directed to order members of the Pennsylvania National Guard to special State duty under subsection (a).

(e) Pay and allowances.--Officers and enlisted personnel ordered on special State duty for which pay is authorized under the order prescribing the performance of duty shall receive the pay and allowances of their respective grades during the time the duty is ordered. The pay authorized under this subsection may not be less than $100 per day.

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

"Special State duty." State military duty by the Pennsylvania military forces as authorized under this section. The term does not include active State duty authorized under section 508 (relating to active duty for emergency) or duty authorized and funded under 10 U.S.C. (relating to Armed Forces) and 32 U.S.C. (relating to National Guard). (July 7, 2022, P.L.449, No.38, eff. 60 days) 2022 Amendment. Act 38 added section 506.1.
51 Pa.C.S. § 7 — PA Code / Title 51 / Chapter 7 / Section 7
Status of certain businesses.
Status: in_force

The amendment of 51 Pa.C.S. §§ 9601 and 9602 shall not affect nor impair the status of any of the following under 51 Pa.C.S. Ch. 96 or 74 Pa.C.S.:

(1) A veteran-owned small business.

(2) A service-disabled veteran-owned small business. Explanatory Note. Act 135 added Chapter 72 and Subchapter A heading of Chapter 96, amended section 9601, added Subchapter B heading of Chapter 96, amended section 9602 and added
51 Pa.C.S. § 4623 — PA Code / Title 51 / Chapter 46 / Section 4623
Testimony by electronic means.
Status: in_force

In a proceeding under this subchapter, a party or witness who is not reasonably available to appear personally may appear, provide testimony and present evidence by electronic means, unless the court finds good cause to require a personal appearance.
51 Pa.C.S. § 1902 — PA Code / Title 51 / Chapter 19 / Section 1902
Definitions (Expired).
Status: reserved

2005 Expiration. Section 1902 expired June 30, 2005. See Act 8 of 2003.
51 Pa.C.S. § 7205 — PA Code / Title 51 / Chapter 72 / Section 7205
Nonviolation of equal opportunity laws.
Status: in_force

A voluntary veterans' preference employment policy adopted and applied in accordance with this chapter shall not be considered a violation of any State or local equal employment opportunity law.
51 Pa.C.S. § 9302 — PA Code / Title 51 / Chapter 93 / Section 9302
Veterans' associations accompanied by military bands to places of interment or divine services.
Status: in_force

All associations of veteran soldiers, when parading for the purpose of interring any deceased member of such association or other veteran soldier, or for the purpose of attending divine service on Sunday, may be accompanied by the proper military band, from their place of assembly to the place of interment or to the place of holding divine service, and thence to the point where they shall disband except that the band shall not play upon the return from such interment, or from such divine service.
51 Pa.C.S. § 5703 — PA Code / Title 51 / Chapter 57 / Section 5703
Duties of trial counsel and defense counsel.
Status: in_force

(a) Trial counsel.--The trial counsel of a general or special court-martial shall prosecute in the name of the Commonwealth and shall, under the direction of the court, prepare the record of the proceedings.

(b) Defense counsel.--

(1) The accused has the right to be represented in his defense before a general or special court-martial or at an investigation under section 5603 (relating to investigation). The accused may be represented by civilian counsel at the provision and expense of the accused or may be represented by military counsel of his own selection if reasonably available or by the defense counsel appointed under section 5506 (relating to appointment of trial counsel and defense counsel).

(2) Should the accused have civilian counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall act as associate counsel unless excused at the request of the accused.

(3) Except as provided under paragraph (4), should the accused have military counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed may be excused by the military judge.

(4) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under section 5701 (relating to Governor and department may prescribe rules) may prescribe rules to detail counsel and may do any of the following:

(i) Detail additional military counsel as assistant defense counsel.

(ii) If the accused is represented by military counsel of the accused's own selection, approve a request from the accused that military counsel detailed to the accused act as associate defense counsel.

(5) The State Judge Advocate of the same force of which the accused is a member shall determine whether the military counsel selected by an accused is reasonably available.

(c) Brief by defense counsel.--In any court-martial proceeding resulting in a conviction, the defense counsel may forward for attachment to the record of proceedings a brief of such matters he determines should be considered, on behalf of the accused on review, including any objection to the contents of the record which counsel considers appropriate.

(d) Assistant trial counsel.--An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or if he is qualified to be a trial counsel under

section 5506, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(e) Assistant defense counsel.--An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or if he is qualified to be the defense counsel under section 5506, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
51 Pa.C.S. § 4701 — PA Code / Title 51 / Chapter 47 / Section 4701
Fresh pursuit by Commonwealth forces.
Status: in_force

(a) General rule.--No military forces of this Commonwealth, other than the Pennsylvania National Guard, shall be required to serve outside the boundaries of this Commonwealth, except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this Commonwealth into another state until they are apprehended or captured by such organization, unit or detachment, or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, provided such other state shall have given authority by law for such pursuit by such forces of the Commonwealth.

(b) Surrender of prisoner by Commonwealth forces.--Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this Commonwealth, shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not

constitute a waiver by this State of its right to extradite or prosecute such person for any crime committed in this Commonwealth.
51 Pa.C.S. § 1301 — PA Code / Title 51 / Chapter 13 / Section 1301
Composition of Pennsylvania Guard.
Status: in_force

The Pennsylvania Guard shall consist of such units as may be prescribed by the Governor.
51 Pa.C.S. § 5503 — PA Code / Title 51 / Chapter 55 / Section 5503
Who may convene summary courts-martial.
Status: in_force

(a) General rule.--Summary courts-martial may be convened by any of the following:

(1) Any person who may convene a general or special court-martial.

(2) The commanding officer of a company, a detached company or other detachment or corresponding unit of the Army.

(3) The commanding officer of a squadron, a detached squadron or other detachment or corresponding unit of the Air Force.

(4) The commanding officer or officer in charge of any other command when authorized by the Adjutant General.

(b) Commissioned officer or superior authority.--When only one commissioned officer is present with a command or detachment, that officer shall preside over the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him, provided that the officer is not the accuser or a witness. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.
51 Pa.C.S. § 6022 — PA Code / Title 51 / Chapter 60 / Section 6022
Noncompliance with procedural rules.
Status: in_force

Any person subject to this part who:

(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this part; or

(2) knowingly and intentionally fails to enforce or comply with any provision of this part regulating the proceedings before, during or after trial of an accused; shall be punished as a court-martial may direct.
51 Pa.C.S. § 5104 — PA Code / Title 51 / Chapter 51 / Section 5104
Subject matter jurisdiction.
Status: in_force

(a) General rule.--Subject matter jurisdiction is established if a nexus exists between an offense and the State military forces.

(b) Military offenses.--Courts-martial have primary jurisdiction of military offenses as defined in this part.

(c) Nonmilitary offenses.--A civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this part and criminal law. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or has dismissed the charge, provided jeopardy has not attached.

(d) Inchoate offenses.--Jurisdiction over inchoate offenses, including the offenses of attempt, conspiracy and solicitation, is given to the entity which has jurisdiction of the underlying offense. Cross References. Section 5104 is referred to in sections 5107, 6045 of this title.
51 Pa.C.S. § 6107 — PA Code / Title 51 / Chapter 61 / Section 6107
Disposition of fines and penalties.
Status: in_force

(a) Military court or nonjudicial punishment.--Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the Commonwealth and delivered to the court or imposing officer or to a person executing their process. Fines may be collected in the following manner:

(1) By cash or money order.

(2) By retention of any pay or allowances due or to become due to the person fined.

(3) By garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine, as provided by law.

(b) Court-martial.--All fines and penalties imposed and collected through the sentence of courts-martial shall be forwarded to the Adjutant General, who shall deposit the same in the State Military Justice Fund of the State Treasury.
51 Pa.C.S. § 5716 — PA Code / Title 51 / Chapter 57 / Section 5716
Voting and rulings.
Status: in_force

(a) Findings, sentences and challenges.--Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

(b) Questions of law and interlocutory questions.--The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 5717 (relating to number of votes required), beginning with the junior in rank.

(c) Instructions to members of court.--Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:

(1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;

(2) that, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused shall be acquitted;

(3) that, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

(4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the prosecution.

(d) Proceedings before military judge only.--Subsections

(a), (b) and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition, on request, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
51 Pa.C.S. § 5919 — PA Code / Title 51 / Chapter 59 / Section 5919
Appeal by the Commonwealth.
Status: in_force

(a) General rule.--In a trial by court-martial in which a punitive discharge may be adjudged, the Commonwealth may appeal the following:

(1) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.

(2) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.

(3) An order or ruling which directs the disclosure of classified information.

(4) An order or ruling which imposes sanctions for nondisclosure of classified information.

(5) A refusal of the military judge to issue a protective order sought by the Commonwealth to prevent the disclosure of classified information.

(6) A refusal by the military judge to enforce a protective order sought by the Commonwealth to prevent the disclosure of classified information which has previously been issued by appropriate authority.

(b) Exceptions.--Notwithstanding subsection (a), the Commonwealth may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial or by a judge in a bench trial so long as it is not made in reconsideration.

(c) Written notice required.--An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

(d) Diligent prosecution required.--An appeal under this section shall be diligently prosecuted. Any period of delay

resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.

(e) Action by Superior Court.--An appeal under this section shall be forwarded to the Superior Court. In ruling on an appeal under this section, the court may act only with respect to matters of law.
51 Pa.C.S. § 6109 — PA Code / Title 51 / Chapter 61 / Section 6109
Compensation of court.
Status: in_force

(a) Judges, counsel and members of courts.--Military judges, military counsel and members of courts-martial and courts of inquiry shall be allowed transportation and per diem pay as per military grade for time actually employed in the duties assigned them. Transportation shall be furnished to all prosecutors, prisoners, witnesses, sheriffs, peace officers and constables to and from the place or places designated for the meetings of said courts. The per diem pay for military and civilian witnesses shall be the same as in civil courts of law. The fees of sheriffs, peace officers and constables for serving the processes provided for in this part shall be the same as prescribed by law for similar processes of a civil nature and shall, upon proper vouchers being filed, be paid by the Adjutant General in the usual manner.

(b) Witnesses.--The fees and authorized travel expenses of all witnesses, experts, victims, court reporters and interpreters, as well as fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration of military justice not otherwise payable by any other source, shall be paid out of the State Military Justice Fund of the State Treasury.
51 Pa.C.S. § 8902 — PA Code / Title 51 / Chapter 89 / Section 8902
Exemption.
Status: in_force

(a) General rule.--Any resident of this Commonwealth shall be exempt from the payment of all real estate taxes levied upon any building, including the land upon which it stands, occupied by that person as a principal dwelling, if all of the following requirements are met:

(1) That person has been honorably discharged or released under honorable circumstances from the armed forces of the United States for service in any war or armed conflict in which this nation was engaged.

(2) As a result of such military service, that person is blind or paraplegic or has sustained the loss of two or more limbs, or has a service-connected disability declared

by the United States Veterans' Administration or its successors to be a total or 100% permanent disability.

(3) The dwelling is owned by that person solely, with his or her spouse or as an estate by the entireties.

(4) The need for the exemption from the payment of real estate taxes has been determined by the State Veterans' Commission in compliance with the requirements of this chapter.

(b) Extension of exemption.--The exemption provided in subsection (a) shall be extended to the unmarried surviving spouse upon the death of the eligible veteran provided that the State Veterans' Commission determines that such spouse is in need of an exemption. (Nov. 29, 2006, P.L.1459, No.161, eff. 60 days) Cross References. Section 8902 is referred to in section 8903 of this title.
51 Pa.C.S. § 7204 — PA Code / Title 51 / Chapter 72 / Section 7204
Eligibility for preference.
Status: in_force

A veteran, spouse of a disabled veteran or surviving spouse shall submit the discharge papers or separation documents of the veteran to a private employer with a veterans' preference employment policy for consideration by the employer. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
51 Pa.C.S. § 9801 — PA Code / Title 51 / Chapter 98 / Section 9801
Definitions.
Status: in_force

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

"Institution of higher education." Any of the following:

(1) A community college operating under Article XIX-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

(2) A university within the State System of Higher Education under Article XX-A of the Public School Code of 1949.

(3) A State-related institution as defined in section 1502-A of the Public School Code of 1949.

(4) Thaddeus Stevens College of Technology.

(5) Any accredited private or independent college or university.

"Program." The Keystone State Challenge Academy.

"School entity." A school district, charter school, cyber charter school, regional charter school, intermediate unit or area vocational-technical school. References in Text. Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."
51 Pa.C.S. § 1302 — PA Code / Title 51 / Chapter 13 / Section 1302
Designation and change of location of units.
Status: in_force

The Governor shall designate the location of the several organizations and units and may change the same at his discretion. Organizations and units shall be located wherever practicable in armories owned by the Commonwealth.
51 Pa.C.S. § 2307 — PA Code / Title 51 / Chapter 23 / Section 2307
Uniforms of commissioned officers.
Status: in_force

Every commissioned officer and warrant officer shall furnish his own uniforms which shall be as prescribed by the Adjutant General, in accordance with Federal rules and regulations. An allowance for this purpose, not to exceed $300 for each officer upon commissioning, may be prescribed by the Governor. In addition thereto, the Governor may prescribe a further allowance not to exceed $50 in any one year for each officer, for the maintenance of such uniforms.
51 Pa.C.S. § 7317 — PA Code / Title 51 / Chapter 73 / Section 7317
Deferred motor vehicle insurance coverage.
Status: in_force

(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more.

(b) Deferral of coverage.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection (a), may defer without cost or penalty motor vehicle insurance coverage during the period of active duty on one or more vehicles owned by the member, either individually or jointly with another person, provided the member certifies to the insurer the vehicle will not be operated during his absence on active duty, and, if a motor vehicle serves as collateral for a loan, the member shall continue to insure it against the risks of property damage and theft as required by the lender.

(c) Limited exemption.--Any person described in subsection

(a) shall have the same limited exemption from financial responsibility requirements as established in 75 Pa.C.S. § 1786(d)(2) (relating to required financial responsibility).

(d) Refund or crediting of prepaid premiums.--The insurer shall, at the election of the member, refund premiums paid for coverage during the period of deferral or credit such premiums to coverage in effect after the end of the deferral period.

(e) Reinstatement of deferred coverage.--Upon the member's release or discharge from active duty, the insurer shall, upon notice, reinstate the member's coverage at the rates then in effect.

(f) Actions prohibited.--No insurer shall, because of the deferral of insurance coverage provided under this section, cancel, nonrenew, impose a surcharge or a rate penalty or remove any premium discount on any insurance coverage upon reinstatement of the member's coverage.

(g) Intent.--It is the specific intent of the General Assembly to treat individuals subject to this section as if no deferral of insurance coverage occurred and insurance coverage was not interrupted. (Apr. 16, 1992, P.L.161, No.29, eff. imd.; Oct. 6, 2005, P.L.322, No.60, eff. imd.) 2005 Amendment. Act 60 added subsecs. (f) and (g). 1992 Amendment. Act 29 added section 7317.
51 Pa.C.S. § 3210.3 — PA Code / Title 51 / Chapter 32 / Section 3210.3
Certification of eligibility.
Status: in_force

The department shall provide the agency with a certificate of eligibility for each eligible family member that applies for a Military Family Education Grant.
51 Pa.C.S. § 7110 — PA Code / Title 51 / Chapter 71 / Section 7110
Reporting requirement.
Status: in_force

(a) Office of Administration report.--The Office of Administration shall provide a consolidated report to the Adjutant General depicting the previous fiscal year's statistics for veterans appointed by the Commonwealth into non-civil service and civil service positions, including aggregate totals by agency.

(b) Department report.--The department shall provide an annual report on this chapter to the chair and minority chair of the State Government Committee of the Senate, the chair and minority chair of the State Government Committee of the House of Representatives, the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) 2020 Amendment. Act 102 added section 7110.
51 Pa.C.S. § 3232 — PA Code / Title 51 / Chapter 32 / Section 3232
Administration.
Status: in_force

The General Assembly may appropriate funds to pay for grants under Subchapter B (relating to Medical Officer or Health Officer Incentive Program). (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3222 to present section 3232.
51 Pa.C.S. § 707 — PA Code / Title 51 / Chapter 7 / Section 707
Training areas.
Status: in_force

(a) Acquisition.--Upon the request of the Adjutant General and with the approval of the Governor, the Secretary of General Services is authorized to purchase, lease or obtain the right to use any real estate or building necessary for military training or preparedness of the Pennsylvania National Guard.

(b) Primary training site.--Fort Indiantown Gap shall be the primary training site for the Pennsylvania National Guard.

(c) Alternate training sites.--All State armories, real estate and buildings purchased, leased or utilized for stationing, quartering, training or deploying members of the Pennsylvania National Guard are alternate training areas for use by the Pennsylvania National Guard.

(d) Short-term uses of real property.--The Adjutant General is authorized to enter into agreements for the short-term use of real property on behalf of the Commonwealth for the purpose of obtaining areas for military training or emergency operations. For the purpose of this section, short-term use shall not exceed 30 days. (May 7, 1998, P.L.355, No.56, eff. July 1, 1998)

1998 Amendment. Act 56 added section 707.
51 Pa.C.S. § 1104 — PA Code / Title 51 / Chapter 11 / Section 1104
Composition of units.
Status: in_force

The composition of all units of the Pennsylvania National Guard, including the commissioned and enlisted personnel thereof other than those specifically provided for in this chapter, shall be fixed from time to time by the Governor and announced in orders, and shall, as far as practicable, be in accordance and in compliance with such regulations as may be promulgated by the Secretary of the Army and Secretary of the Air Force for the composition of the National Guard. Every such order shall have the same force and effect as if specifically enacted and provided for by statute.
51 Pa.C.S. § 5406 — PA Code / Title 51 / Chapter 54 / Section 5406
Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor.
Status: in_force

In the State military forces, no sentence of dismissal, dishonorable discharge or bad-conduct discharge shall be executed until it is approved by the Governor.

Cross References. Section 5406 is referred to in section 6111 of this title.
51 Pa.C.S. § 2308 — PA Code / Title 51 / Chapter 23 / Section 2308
Term of commissioned and warrant officers.
Status: in_force

The term of every commissioned officer and warrant officer shall be permanent or until terminated by reason of death, retirement, physical disqualification, acceptance by proper authority of resignation, action by a properly constituted board or court martial, or in accordance with Federal regulations governing withdrawal of Federal recognition of a commissioned officer or warrant officer.
51 Pa.C.S. § 7308 — PA Code / Title 51 / Chapter 73 / Section 7308
Loss of benefits.
Status: in_force

Any employee who is separated from the service by an undesirable, bad conduct or dishonorable discharge shall not be entitled to any of the benefits of this chapter, except such vested rights as he may have acquired prior thereto by virtue of payments made pursuant to his exercise of option (1) of section 7306 (relating to retirement rights).
51 Pa.C.S. § 5106 — PA Code / Title 51 / Chapter 51 / Section 5106
Dismissal of commissioned officer.
Status: in_force

(a) Court-martial proceedings.--Any commissioned officer subject to this part dismissed by order of the Governor may make a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed. In such event, the Governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which the officer was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but, if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

(b) Failure to convene court-martial.--If the Governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
51 Pa.C.S. § 7313 — PA Code / Title 51 / Chapter 73 / Section 7313
Educational leave of absence.
Status: in_force

Whenever any member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States shall be called or ordered to active duty, other than active duty for training, including, in the case of members of the Pennsylvania National Guard, active State duty, the educational institution in which the member is enrolled shall grant the member or the member's spouse a military leave of absence from their education. The member or the member's spouse shall receive an "M" or "military" on their grade transcript for all classes they are unable to complete due to a military leave of absence. Members and spouses on military leave of absence from their educational institution shall be entitled, upon the member's release from military duty, to be restored to the educational status they had attained prior to the member's being ordered to military duty without loss of academic credits earned, scholarships or grants awarded or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; July 5, 2012, P.L.1090, No.128, eff. 60 days; June 18, 2014, P.L.745, No.59, eff. 60 days)

Cross References. Section 7313 is referred to in sections 3206, 3210.2 of this title.
51 Pa.C.S. § 9607 — PA Code / Title 51 / Chapter 96 / Section 9607
Reports.
Status: in_force

(a) Report to Department of General Services.--By August 15, 2013, and each August 15 thereafter, each executive agency and independent agency shall submit an annual report for the period of July 1 to June 30 to the Department of General Services on actual utilization of veteran-owned small businesses and service-disabled veteran-owned small businesses as contractors, subcontractors, suppliers and professional service providers.

(b) Report to standing committees.--

(1) The Department of General Services and each State-affiliated entity shall annually, before October 1, report in writing to the Veterans Affairs and Emergency Preparedness Committee of the Senate and the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives the actual utilization, Statewide and by each purchasing agency, of veteran-owned small businesses and service-disabled veteran-owned small businesses during the preceding fiscal year.

(2) The report shall include a list of all veteran-owned small businesses and service-disabled veteran-owned small businesses that participated as contractors, subcontractors, suppliers and professional service providers during the preceding fiscal year.

(3) Initial reports under this subsection shall be submitted to the standing committees by October 1, 2013.
51 Pa.C.S. § 504 — PA Code / Title 51 / Chapter 5 / Section 504
Permanent location of Pennsylvania National Guard units.
Status: in_force

The Governor shall establish the permanent location, within the boundaries of this Commonwealth, of any assigned, authorized organizations or units of the Pennsylvania National Guard allotted to this Commonwealth by the Department of Defense.
51 Pa.C.S. § 1103 — PA Code / Title 51 / Chapter 11 / Section 1103
General officers.
Status: in_force

(a) General rule.--Persons commissioned to and holding in the Pennsylvania National Guard the rank of general officer shall be known as general officers of the line. The number of general officers of the line of the Pennsylvania National Guard shall conform with the number of such officers allocated to this Commonwealth as authorized by the unit manning documents promulgated in conformity with the National Defense Act. General officers shall be appointed by the Governor with the consent of the Senate.

(b) Qualifications.--Each person appointed as a general officer of the line shall have the qualifications for promotion to general officer rank established by the Department of Defense.
51 Pa.C.S. § 511 — PA Code / Title 51 / Chapter 5 / Section 511
Issuing flags, standards and guidons.
Status: in_force

The Governor as Commander-in-Chief is hereby authorized to procure and issue from time to time to the Pennsylvania National Guard and Pennsylvania Guard such flags, standards and guidons as may be necessary, in conformance with applicable Federal and State statutes and regulations.
51 Pa.C.S. § 3204 — PA Code / Title 51 / Chapter 32 / Section 3204
Grants.
Status: in_force

(a) General rule.--From the funds appropriated for the purposes of this subchapter, grants shall be provided to eligible members for the purpose of pursuing approved programs of education. An educational assistance grant shall be treated as a benefit earned by an eligible member for honorable service to the country and this Commonwealth.

(b) Promissory notes.--Upon the receipt of the grant, an eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the grant if the eligible member fails to fulfill the service obligation under section 3207(a) (relating to recoupment of grant payments). (June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.) Cross References. Section 3204 is referred to in section 3207 of this title.
51 Pa.C.S. § 5808 — PA Code / Title 51 / Chapter 58 / Section 5808
Forfeiture of pay and allowances during confinement.
Status: in_force

(a) General rule.--An enlisted member receiving a court-martial sentence of confinement for more than six months, or confinement of six months or less and a dishonorable or bad-conduct discharge or dismissal, shall forfeit the pay and allowances due him during any period of confinement or parole as provided in this subsection. The forfeiture shall take effect on the date the sentence was approved. The pay and allowances forfeited in the case of a general court-martial shall be all pay and allowances due the enlisted member during such period and in the case of a special court-martial shall be two-thirds of all pay due the enlisted member during such period.

(b) Exception.--The convening authority or other person acting under section 5903 (relating to action on general court-martial records) may waive any or all requirements under subsection (a) for a period not to exceed six months if the accused has dependents. Any amount of pay or allowances that would be forfeited under subsection (a) shall be paid to the dependents of the accused.

(c) Sentence no longer effective.--If an enlisted member is forced to forfeit pay and allowances under subsection (a) and the sentence which led to the forfeiture is later set aside, disapproved or, as finally approved, does not include confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances which he would have been paid for the period during which the forfeiture was in effect.
51 Pa.C.S. § 1101 — PA Code / Title 51 / Chapter 11 / Section 1101
Pennsylvania National Guard as organized peacetime force.
Status: in_force

The organized armed forces of this Commonwealth during time of peace shall be and constitute the Pennsylvania National Guard and shall be subject at all times to the orders of the officers thereof. Nothing in this chapter shall be construed to prevent the Governor as Commander-in-Chief, at his discretion, to form cadres of authorized war time organizations for the purpose of preplanning.
51 Pa.C.S. § 2503 — PA Code / Title 51 / Chapter 25 / Section 2503
Enlistment contract and oath.
Status: in_force

Every person enlisting in the Pennsylvania Guard shall sign an enlistment contract and take and subscribe to the following oath of enlistment: "I do hereby acknowledge to have voluntarily enlisted this...... ..............., 19 , as a soldier in the Pennsylvania Guard for the period of the emergency plus six months unless sooner discharged by proper authority, and I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the Commonwealth of Pennsylvania, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the order of the Governor of the Commonwealth of Pennsylvania and of the officers appointed over me according to law."
51 Pa.C.S. § 5909 — PA Code / Title 51 / Chapter 59 / Section 5909
Review by a board of review.
Status: in_force

(a) Composition of boards of review.--The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the bar of the Supreme Court, and one of whom shall be a judge advocate of the Pennsylvania National Guard.

(b) Affirming findings and sentence.--In a case referred to it, the board of review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty and a sentence, or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it shall have authority to weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.

(c) Setting aside findings and sentence.--If the board of review sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.

(d) Action by convening authority.--The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the board of review. If the board of review has ordered a rehearing but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.

(e) Uniform rules of procedure.--In the event one or more boards of review are constituted in accordance with this section, the State Judge Advocate shall prescribe uniform rules of procedure for proceedings in and before such board or boards of review.

(f) Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right

of the accused to have his case reviewed by a board of review. Such a withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by a board of review at any time in accordance with appellate procedures as provided by law. Cross References. Section 5909 is referred to in section 5806 of this title.
51 Pa.C.S. § 3201 — PA Code / Title 51 / Chapter 32 / Section 3201
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:

"Agency." The Pennsylvania Higher Education Assistance Agency.

"Annual tuition rate." The in-State tuition rate, including a technology tuition fee, established or approved by May 1 of each year by the Board of Governors of the State System of Higher Education.

"Approved institution of higher learning." An educational institution offering a post-secondary program of education located in this Commonwealth and approved by the agency.

"Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training program, refresher, remedial or deficiency course or preparatory or special education training course necessary to enable the individual to pursue an approved program of education on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning.

"Certificate of eligibility." A certificate issued by the department that certifies a member's eligibility to receive an educational assistance grant.

"Combat zone." (Deleted by amendment).

"Costs of attendance." Allowable educational expenses, as determined by the agency, that are consistent with the administration of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law.

"Department." (Deleted by amendment).

"Educational assistance." A benefit earned which shall be granted to an eligible member who has complied with all of the requirements provided for under this subchapter.

"Eligible member." A member of the Pennsylvania National Guard who meets the criteria specified in section 3202 (relating to eligibility) and who has been awarded a certificate of eligibility under section 3203 (relating to certification of eligibility).

"Full-time student." An eligible member enrolled in an approved institution of higher learning pursuing an approved program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study.

"Fund." The Educational Assistance Program Fund.

"Part-time student." An eligible member enrolled in an approved institution of higher education pursuing an approved program of education of less than 12 credit hours per semester or its equivalent that is recognized by the agency as a part-time course of study.

"Program." The Educational Assistance Program.

"Promissory note." A written contract signed by a member of the Pennsylvania National Guard in which the member promises to repay the awarded grant amount.

"Qualified resident." (Deleted by amendment).

"Technology tuition fee." A separate tuition fee established by the Board of Governors of the State System of Higher Education for rendering technology resources and services to enhance student learning experiences. (May 10, 2000, P.L.36, No.11, eff. July 1, 2000; Nov. 30, 2004, P.L.1671, No.212, eff. 60 days; Dec. 22, 2005, P.L.441, No.82, eff. 60 days; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; June 26, 2014, P.L.807, No.82, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.; July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Act 32 amended the def. of "approved program of education."
51 Pa.C.S. § 9808 — PA Code / Title 51 / Chapter 98 / Section 9808
Transferability of course credit.
Status: in_force

All academic course credits earned by a program participant shall be recognized by any school entity in which the participant enrolls following completion of the program. The department, in consultation with the Department of Education, shall ensure that the program complies with all statutory and regulatory provisions as necessary to facilitate the transferability of course credit earned in the program to a school entity.
51 Pa.C.S. § 6043 — PA Code / Title 51 / Chapter 60 / Section 6043
Assault.
Status: in_force

Any person subject to this part who, while in a duty status, attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.
51 Pa.C.S. § 7503.1 — PA Code / Title 51 / Chapter 75 / Section 7503.1
Applicability of chapter.
Status: in_force

The Pennsylvania Supreme Court may extend this chapter to those licensed to practice law in this Commonwealth. (Nov. 29, 2006, P.L.1459, No.161, eff. imd.) 2006 Amendment. Act 161 added section 7503.1.
51 Pa.C.S. § 2313 — PA Code / Title 51 / Chapter 23 / Section 2313
Retired Pennsylvania National Guard personnel.
Status: in_force

(a) Promotions.--Every former officer, warrant officer or enlisted person may be promoted to the next higher grade on the Pennsylvania National Guard retired list above that presently held in a grade Federally recognized upon application and recommendation of the next higher level within the eligible retiree's chain of command if the applicant:

(1) has served a total of 25 years in the armed forces of the United States or its components, 10 years of which includes service in the Pennsylvania National Guard with active Federal service counting as double time. The 25 years service shall be such as would be credited for retirement of National Guard and Reserve personnel; or

(2) has attained the grade of major general in the Pennsylvania National Guard and has been Federally recognized in such grade; or

(3) has served honorably and with distinction in the Pennsylvania Army National Guard, Pennsylvania Air National Guard or both for a period of 25 or more years and who has served in his highest grade for at least one year. Promotion to general officer on the retired list shall not require the consent of the Senate.

(a.1) Approval process.--A retiree's application for promotion shall be reviewed and approved in accordance with applicable regulations. The Adjutant General retains final approval authority.

(b) Computation of period of service.--In considering the period of service under this section, the following applies to calculation of deployment periods:

(1) For Pennsylvania National Guard service members deployed outside of the continental United States pursuant to 10 U.S.C. (relating to armed forces), time is doubled for this specific period of service.

(2) Pennsylvania National Guard service that counts as double time under paragraph (1) may only be calculated for and applied in the determination of the required years of service in the Pennsylvania National Guard under subsection

(a)(1).

(c) Wearing uniform following retirement.--All retired officers and enlisted personnel are only entitled to wear the uniform and rank insignia of their federally recognized grade on all proper military and semi-military occasions in accordance with all applicable military uniform regulations.

(d) Applicability of section.--The provisions of retirement with increased rank shall be applicable when applied to officers retired prior to the effective date of this section and the provisions of this section shall apply to deceased officers on the retired list upon proper application to the Adjutant General by some duly recognized veterans' organization. (Dec. 17, 2015, P.L.459, No.83, eff. 60 days) 2015 Amendment. Section 2 of Act 83 provided that the Adjutant General shall promulgate rules and regulations to administer and enforce the amendment of section 2313. Cross References. Section 2313 is referred to in section 2504 of this title.
51 Pa.C.S. § 5714 — PA Code / Title 51 / Chapter 57 / Section 5714
Depositions.
Status: in_force

(a) General rule.--At any time after charges have been signed, as provided in section 5601 (relating to charges and specifications), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an

authority competent to convene a court-martial for the trial of those charges forbids it for good cause.

(b) Notice of taking deposition.--The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

(c) Persons authorized to take depositions.--Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of this Commonwealth or by the laws of the place where the deposition is taken to administer oaths.

(d) Admissibility in evidence.--A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file or similar material, may be played in evidence before any military court if it appears:

(1) that the witness resides or is beyond the state in which the court is ordered to sit or beyond 100 miles from the place of trial or hearing;

(2) that the witness, by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or

(3) that the present whereabouts of the witness is unknown.
51 Pa.C.S. § 6026 — PA Code / Title 51 / Chapter 60 / Section 6026
Forcing a safeguard.
Status: in_force

Any person subject to this part who forces a safeguard shall be punished as a court-martial may direct.
51 Pa.C.S. § 6112 — PA Code / Title 51 / Chapter 61 / Section 6112
Uniformity of interpretation.
Status: in_force

This part shall be so construed as to, so far as practical, make this law uniform with the law of the United States, especially as embodied in the Uniform Code of Military Justice.
51 Pa.C.S. § 5604 — PA Code / Title 51 / Chapter 56 / Section 5604
Forwarding of charges.
Status: in_force

When a person is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that person the reasons for delay.
51 Pa.C.S. § 2504 — PA Code / Title 51 / Chapter 25 / Section 2504
Retirement of commissioned officers and enlisted personnel.
Status: in_force

Commissioned officers and enlisted personnel of the Pennsylvania Guard shall be controlled by section 2313 (relating to retired Pennsylvania National Guard personnel) for promotion on the Pennsylvania Guard retired list. SUBPART C PAY, ALLOWANCES, BENEFITS AND MEDALS Chapter 31. Pennsylvania National Guard 32. Military Educational Programs 33. Pennsylvania Guard 35. Disability Relief and Pensions 37. Decorations, Medals, Badges and Awards
51 Pa.C.S. § 6037 — PA Code / Title 51 / Chapter 60 / Section 6037
Malingering.
Status: in_force

Any person subject to this part who, for the purpose of avoiding work, duty or service in the State military forces:

(1) feigns illness, physical disablement, mental lapse or derangement; or

(2) intentionally inflicts self-injury; shall be punished as a court-martial may direct.
51 Pa.C.S. § 9804 — PA Code / Title 51 / Chapter 98 / Section 9804
Length of program.
Status: in_force

The program shall be for a period of time as set forth in 32 U.S.C. § 509(a) (relating to National Guard Youth Challenge Program of opportunities for civilian youth).
51 Pa.C.S. § 5912 — PA Code / Title 51 / Chapter 59 / Section 5912
Execution of sentence; suspension of sentence.
Status: in_force

(a) Appellate review not waived and appeal not withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by the Superior Court under section 5910 (relating to review by Superior Court) and is deemed final by the law of state where the judgment was had.

(b) Appellate review waived or appeal withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is waived or an appeal is withdrawn, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the State Judge Advocate and any action on that review is completed.

Any other part of a court-martial sentence may be ordered executed by the convening authority or other authorized party when approved under section 5906 (relating to approval by convening authority).
51 Pa.C.S. § 6048 — PA Code / Title 51 / Chapter 60 / Section 6048
Wrongful use and possession of controlled substances.
Status: in_force

(a) General rule.--Any person subject to this title who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces of the United States or the State military forces a controlled substance shall be punished as a court-martial may direct.

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

"Controlled substance." The term means:

(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance.

(2) Any substance not specified in paragraph (1) that is listed on a schedule of controlled substances prescribed by the President of the United States for the purposes of

the Uniform Code of Military Justice (10 U.S.C. § 801 et seq.) of the armed forces of the United States.

(3) Any other substance not specified in paragraph (1) or contained on a list prescribed by the President of the United States under paragraph (2) that is listed in schedules I, II, III, IV and V of section 202 of the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236).
51 Pa.C.S. § 3203 — PA Code / Title 51 / Chapter 32 / Section 3203
Certification of eligibility.
Status: in_force

The department shall certify members of the Pennsylvania National Guard as eligible to participate in the program who meet the eligibility criteria set forth in section 3202 (relating to eligibility) and shall provide the agency with a certificate of eligibility for an eligible member. Cross References. Section 3203 is referred to in section 3201 of this title.
51 Pa.C.S. § 6047 — PA Code / Title 51 / Chapter 60 / Section 6047
Purchasing and receiving military property in pawn.
Status: in_force

Any person subject to this part who knowingly and willfully sells, purchases or receives in pawn or pledge any military property of the Commonwealth of Pennsylvania or of the United States in use by the Commonwealth shall be punished as a court-martial may direct.
51 Pa.C.S. § 101 — PA Code / Title 51 / Chapter 1 / Section 101
Short title of title.
Status: in_force

This title shall be known and may be cited as the "Military and Veterans Code." (Apr. 29, 1998, P.L.296, No.49, eff. imd.)
51 Pa.C.S. § 1507 — PA Code / Title 51 / Chapter 15 / Section 1507
Sale of unusable armories and land; sale or lease of timber and mineral rights.
Status: in_force

(a) General rule.--

(1) When the board determines that an armory or armory site owned by the Commonwealth is no longer suitable for military services due to change in population or to the needs of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard, the board may sell the property in accordance with the laws of this Commonwealth.

(2) When the board determines that timber or other mineral rights at Fort Indiantown Gap or any armory may be sold or leased without disruption of the usual military purposes of the property and without undue adverse impact

upon the local environment, the board may sell or lease the rights in accordance with the laws of this Commonwealth.

(b) Disposition of proceeds.--All money derived from sale of property under subsection (a)(1) or from sale or lease of rights under subsection (a)(2) shall be paid into the fund. (July 11, 1990, P.L.430, No.104, eff. imd.; June 15, 1994, P.L.277, No.47, eff. 60 days; July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 4642 — PA Code / Title 51 / Chapter 46 / Section 4642
Consent procedure for terminating custodial responsibility granted by court order.
Status: in_force

(a) Filing of agreement.--

(1) After the deploying parent returns from deployment, both parents may file with the court an agreement to terminate an order for temporary custodial responsibility issued under Subchapter C (relating to judicial procedure for granting custodial responsibility during deployment).

(2) An agreement to terminate an order entered into under this section is not required to be signed by a nonparent to whom custodial responsibility has been granted.

(b) Order.--After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order shall take effect immediately upon issuance.
51 Pa.C.S. § 701 — PA Code / Title 51 / Chapter 7 / Section 701
Overall powers of department.
Status: in_force

(a) Powers and duties.--The department shall continue to exercise the powers and perform the duties by law vested in and imposed upon the Adjutant General and the department.

(b) Designation.--The Department of Military Affairs is designated as the Department of Military and Veterans Affairs. Contracts, deeds and official actions by the department shall not be affected by the use of the designation by the department as the Department of Military Affairs. The department may continue to use the name Department of Military Affairs on stationery or any official documents until existing supplies are exhausted. The department may substitute the title Department of Military and Veterans Affairs for the Department of Military Affairs on its documents and materials on such schedule as it deems appropriate. (Mar. 21, 1996, P.L.39, No.12, eff. imd.) 1996 Amendment. Section 6 of Act 12 provided that the amendment of section 701 shall be retroactive to December 21, 1995. See sections 3 and 4 of Act 12 in the appendix to this

title for special provisions relating to use of existing forms, stationery, etc., and continuation of current rules and regulations.
51 Pa.C.S. § 2302 — PA Code / Title 51 / Chapter 23 / Section 2302
Appointment of warrant officers.
Status: in_force

All warrant officers shall be appointed by the Governor and the warrant will bear the grade and warrant officer classification. Warrant officers shall meet all the requirements and qualifications now or hereafter prescribed by the laws of the United States and the rules and regulations promulgated thereunder for the organization and regulation of the Pennsylvania National Guard.
51 Pa.C.S. § 5102 — PA Code / Title 51 / Chapter 51 / Section 5102
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Accuser." A person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another or any other person who has an interest other than an official interest in the prosecution of the accused.

"Adjutant General." The Adjutant General of the Commonwealth of Pennsylvania. "Cadet," "candidate" or "midshipman." A person who is enrolled in or attending a State military academy, a regional training institute or any other formal education program for the purpose of becoming a commissioned or warrant officer in the State military forces.

"Classified information." Any of the following:

(1) Information or material that has been determined by an official of the United States or any state pursuant to law, an executive order or regulation to require protection against unauthorized disclosure for reasons of national or State security.

(2) Restricted data, as defined in section 11(y) of the Atomic Energy Act of 1954 (68 Stat. 921, 42 U.S.C. § 2014(y)). "Commanding officer" or "commander." The Adjutant General and other commissioned officers of the State military forces when exercising command over a unit or element. The term includes officers in charge only when administering nonjudicial punishment under section 5301 (relating to commanding officer's nonjudicial punishment).

"Convening authority." Includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command. "Day" or "calendar day." Any punishment authorized by this part, which is measured in terms of days, shall, when served in a status other than annual field training, be construed to mean succeeding duty days. The term is not synonymous with the term "unit training assembly."

"Department." The Department of Military and Veterans Affairs of the Commonwealth.

"Duty status other than State active duty." Any other type of duty under an order issued by authority of law not in Federal service and not full-time duty in the active service of the State. The term includes travel to and from the duty.

"Enemy." An organization, entity or individual who engages in combat or hostilities against the State military forces or attacks or threatens to attack the United States or this Commonwealth.

"Enlisted member." A person in an enlisted grade.

"Fatigue duties." Duties, including, but not limited to, cleaning real property and facilities, kitchen duties and disposal of refuse duties which are not within the day-to-day duties of a member of the State military forces.

"Grade." A step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.

"Judge advocate." A commissioned officer of the State military forces who is a member in good standing of the bar of the Supreme Court and is:

(1) certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy or Marine Corps or designated as a law specialist as an officer of the Coast Guard or a reserve component of one of these; or

(2) certified as a nonfederally recognized judge advocate, under regulations promulgated under this paragraph, by the State Judge Advocate, as competent to perform such military justice duties required by this part. If the State Judge Advocate is not available, the certification may be made by the senior judge advocate or the commander of another force in the State military forces, as the convening authority directs.

"May." Is used in a permissive sense. The phrase "no person may............." means that no person is required, authorized or permitted to do the act prescribed.

"Military court." A court-martial or a court of inquiry.

"Military judge." An official of a general or special court-martial detailed in accordance with section 5505 (relating to military judge of a general or special court-martial).

"Military offenses." Those offenses described under Chapter 60 (relating to punitive sections) which are military in nature and for which there are no analogous criminal offenses described in any other law of this Commonwealth.

"National security." The national defense and foreign relations of the United States.

"Nonmilitary offenses." Those offenses described under
51 Pa.C.S. § 2306 — PA Code / Title 51 / Chapter 23 / Section 2306
Powers of commissioned, warrant and noncommissioned officers.
Status: in_force

Commissioned officers, warrant officers and noncommissioned officers of the Pennsylvania National Guard under their State commissions and warrants shall have all the powers inherent with command and training responsibility as are granted officers, warrant officers and noncommissioned officers of like rank and grade in the armed forces of the United States by law, policy and customs of the service.
51 Pa.C.S. § 6108 — PA Code / Title 51 / Chapter 61 / Section 6108
Liability of public officers for nonexecution of process.
Status: in_force

The neglect or refusal of any sheriff, constable, peace officer or jail warden to execute any process, to make proper return of all fines and penalties collected or to receive into custody any prisoner shall be deemed a misdemeanor and shall subject the offender to a prosecution by the proper district attorney and to a penalty, upon conviction of each such offense, of $1,000 to the use of the Commonwealth.
51 Pa.C.S. § 6110 — PA Code / Title 51 / Chapter 61 / Section 6110
Immunity for action of military courts.
Status: in_force

No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
51 Pa.C.S. § 7502 — PA Code / Title 51 / Chapter 75 / Section 7502
Retention of licenses and certifications of persons entering military service.
Status: in_force

(a) General rule.--Any person licensed or certified by the Department of State, Department of Labor and Industry, Department of Education, Insurance Department, Department of Banking, Department of Health, Department of Agriculture or the Municipal Police Officers' Education and Training Commission or pursuant to the act of October 10, 1974 (P.L.705, No.235), known as the Lethal Weapons Training Act, to practice any profession or to work at any trade or occupation, who heretofore has or shall thereafter enlist or be inducted or drafted into the military or naval service of the United States in time of war or preparation for national defense during a national emergency, shall not thereby forfeit his or her current license or registration and shall be exempt from any continuing educational requirements or in-service training requirements.

(b) Renewal of license or certification following discharge.--A person shall, after presentation of a discharge from service described under subsection (a) within one year from the date of discharge and payment of the fee prescribed by law for the current renewal period only, be entitled to a renewal of his or her license, certification or registration in the same manner as though:

(1) The renewal had been made prior to the expiration of his or her last preceding renewal.

(2) All intermediate renewal fees had been paid.

(3) All continuing education or in-service training requirements have been satisfied.

(c) Exemptions.--A veteran's military service, education, training and service experience shall be taken into consideration by the entities listed under subsection (a) to determine whether a licensing or certification requirement has been met by or can otherwise be waived by reason of that military service, education, training or experience. The veteran shall only be required to meet a licensing or certification

requirement which has not been met by or waived under this subsection. (Nov. 29, 2006, P.L.1459, No.161, eff. imd.; July 10, 2015, P.L.134, No.23, eff. 60 days; Oct. 23, 2023, P.L.59, No.13, eff. 60 days) 2023 Amendment. Act 13 amended subsec. (a). 2015 Amendment. Act 23 amended subsec. (b) and added subsec.

(c). References in Text. The Department of Banking, referred to in subsec. (a), was renamed the Department of Banking and Securities by the act of July 2, 2012 (P.L.814, No.86).
51 Pa.C.S. § 3210.6 — PA Code / Title 51 / Chapter 32 / Section 3210.6
Limitations.
Status: in_force

(a) General rule.--No eligible member shall be permitted to assign more than five academic years or their equivalent, as determined by the agency per six-year commitment.

(b) Assignment of benefit.--An eligible member may assign a portion of the entire benefit or the entire benefit by the number of credit hours per semester or its equivalent, as determined by the agency, to one or more family members, as the case may be. (July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Act 32 amended subsec. (a).
51 Pa.C.S. § 7401 — PA Code / Title 51 / Chapter 74 / Section 7401
Definitions.
Status: in_force

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

"Employer." An employer with a worksite in this Commonwealth at which more than 50 full-time employees are employed.

"Full-time employee." An individual that is employed by an employer and works at least 40 hours per week.

"Workplace posting." The posting created by the department under section 7402(a) (relating to workplace posting).
51 Pa.C.S. § 4643 — PA Code / Title 51 / Chapter 46 / Section 4643
Visitation before termination of grant of custodial responsibility.
Status: in_force

Upon petition of a deploying parent who has returned from deployment, the court shall issue an order granting the deploying parent reasonable contact with the child until the agreement entered into under Subchapter B (relating to agreement addressing custodial responsibility during deployment) or the order issued under Subchapter C (relating to judicial procedure for granting custodial responsibility during deployment) is terminated, unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
51 Pa.C.S. § 4601 — PA Code / Title 51 / Chapter 46 / Section 4601
Scope of chapter.
Status: in_force

This chapter relates to deployed parents custody and visitation.
51 Pa.C.S. § 6017 — PA Code / Title 51 / Chapter 60 / Section 6017
Cruelty and maltreatment.
Status: in_force

Any person subject to this part who is guilty of cruelty toward or oppression or maltreatment of any person subject to his orders shall be punished as a court-martial may direct.
51 Pa.C.S. § 2309 — PA Code / Title 51 / Chapter 23 / Section 2309
Discharge and removal of commissioned and warrant officers.
Status: in_force

(a) Discharge for unfitness.--At any time, the moral character, capacity and general fitness for the service of any Pennsylvania National Guard officer or warrant officer may be determined by a fitness board or court of inquiry of three commissioned officers, senior in rank, if possible, to the officer whose fitness for service shall be under investigation. This board shall be appointed by the Governor, in the case of general officers and officers of the headquarters Pennsylvania National Guard, and by the Adjutant General in all other cases. If the findings of such board be unfavorable to such officer

or warrant officer and be approved by the Governor he shall be discharged.

(b) Grounds for vacating commission or warrant.--Commissions of officers or warrants of warrant officers of the Pennsylvania National Guard may be vacated for any of the following reasons:

(1) Upon the recommendation of a fitness board.

(2) If recourse occurs on his bond in the settlement of his financial or property accounts.

(3) If he has been convicted of a felony.

(4) Upon withdrawal of Federal recognition.

(c) Grounds for vacating office or assignment.--When a commissioned or warrant officer of the Pennsylvania National Guard retires, accepts an appointment to another office therein, is transferred to the Inactive National Guard, resigns, is relieved from active duty but held as a supernumerary, or dies, the office or assignment previously held shall be deemed to have been vacated.
51 Pa.C.S. § 8901 — PA Code / Title 51 / Chapter 89 / Section 8901
Definitions.
Status: in_force

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

"Blind." Visual acuity of three-sixtieths or ten two-hundredths, or less normal vision.

"Commission." The State Veterans' Commission established under section 1702 (relating to State Veterans' Commission).

"Paraplegic." The bilateral paralysis of the upper or lower extremities of the body.
51 Pa.C.S. § 6105 — PA Code / Title 51 / Chapter 61 / Section 6105
Redress of damages to property.
Status: in_force

(a) Assessment of damages.--Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the State military forces, that person may, subject to such regulations as the Governor or department may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and shall have for the purpose of that investigation power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and the amount approved by that officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for payment to the injured parties of the damages assessed and approved.

(b) Offender not known.--If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.
51 Pa.C.S. § 3210.9 — PA Code / Title 51 / Chapter 32 / Section 3210.9
Administration.
Status: in_force

(a) Appropriation and administrative costs.--The General Assembly shall appropriate funds to pay full-time and part-time Military Family Education Program grants under this subchapter. A portion of the funds appropriated may be used to pay the costs of the administration of this subchapter.

(b) Limitation.--Administrative costs for the fiscal year in which the Military Family Education Program is enacted, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated.

(c) Initial use of funds.--Initial funding for the first 12-month period from the effective date of this subchapter may be used for administration and development of technological support applications.
51 Pa.C.S. § 3501 — PA Code / Title 51 / Chapter 35 / Section 3501
Relief for disability incurred in active State service.
Status: in_force

(a) General rule.--If any member of the Pennsylvania National Guard is injured or otherwise disabled, or dies as a result of injuries or other disability received or contracted while performing duty in active service of the Commonwealth or in the performance of other State military duty under competent order or authority, or while engaged in volunteer service during a civil emergency at the request of competent military authority, he or his dependents, if not compensated therefor by the government of the United States, shall receive from the Commonwealth just and reasonable relief, the amount of compensation to be determined in accordance with the Workmen's Compensation Law of Pennsylvania. The General Assembly shall appropriate the moneys necessary to provide for such compensation.

(b) Computation of average weekly wage.--In the computation of average weekly wage for purposes of compensating a member of the Pennsylvania National Guard or his beneficiaries, "wages" shall include all earnings during the period used for such computation received from employment in the member's usual occupation. (Oct. 4, 1978, P.L.909, No.173, eff. 60 days) References in Text. The short title of the act of June 2, 1915 (P.L.736, No.338), known as The Pennsylvania Workmen's Compensation Act, referred to in subsec. (a), was amended by the act of July 2, 1993, P.L.190, No.44. The amended short title is now the Workers' Compensation Act. Cross References. Section 3501 is referred to in section 3502 of this title.
51 Pa.C.S. § 2315 — PA Code / Title 51 / Chapter 23 / Section 2315
Status when ordered into active Federal service.
Status: in_force

(a) General rule.--When any or all of the units and members of the Pennsylvania National Guard are ordered into the active military service of the United States, they stand relieved from duty in the Pennsylvania National Guard during the period of such active military service, irrespective of the term of their existing commissions or enlistments. Their prior status as units and members of the Pennsylvania National Guard continues to exist as an underlying and temporarily suspended status of origin to which they may and do return upon relief from the active military service of the United States.

(b) Termination of service.--When the duration of their active military service of the United States is of such a duration and units and members so intermingled with other organizations and units of the armed forces of the United States that makes it impracticable for the units and members to return to that prior status as units and members of the Pennsylvania National Guard and it therefore becomes necessary to completely reorganize the Pennsylvania National Guard, former members, who accept a commission or enlist in the reorganized Pennsylvania National Guard under the conditions then applicable and prior to the date of Federal recognition, shall have their service for the purpose of longevity, State retirement, medals and awards count as continuous and uninterrupted.
51 Pa.C.S. § 6014 — PA Code / Title 51 / Chapter 60 / Section 6014
Assaulting or willfully disobeying superior commissioned officer.
Status: in_force

Any person subject to this part who:

(1) strikes, draws or lifts up any weapon or offers any violence against his superior commissioned officer while he is in the execution of his office; or

(2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the offense is committed at any other time, the person shall be punished as a court-martial may direct.
51 Pa.C.S. § 2311 — PA Code / Title 51 / Chapter 23 / Section 2311
Enlistment of enlisted personnel.
Status: in_force

(a) Qualifications.--Every enlisted person shall meet all the qualifications prescribed by the laws of the United States and the rules and regulations promulgated thereunder.

(b) Enlistment contract and oath.--Every person enlisting in the Pennsylvania National Guard shall sign an enlistment contract and take and subscribe to the oath of enlistment prescribed by the current Federal regulations.

(c) Extending term of enlistment.--The Adjutant General, with the approval of the Governor, may, upon request by appropriate Federal authority, extend the term of enlistment contracted for by a term not exceeding 12 months.

(d) Denial of extension of enlistment or reenlistment.--Upon the expiration of the term of service of an enlisted person, if good and sufficient reasons exist for the unit commander to believe that it would not be in the best interests of the Pennsylvania National Guard to permit this person to reenlist or extend his enlistment contract, such unit commander may deny reenlistment or extension of enlistment.
51 Pa.C.S. § 505 — PA Code / Title 51 / Chapter 5 / Section 505
Change in organization of Pennsylvania National Guard.
Status: in_force

The Governor shall organize or reorganize any organization or unit of the Pennsylvania National Guard so as to conform, so far as practicable, to the structure of the armed forces of the United States.
51 Pa.C.S. § 501 — PA Code / Title 51 / Chapter 5 / Section 501
Powers of Governor.
Status: in_force

The Governor of this Commonwealth as Commander-in-Chief shall have the powers enumerated hereafter in this title over the Pennsylvania military forces which includes the Pennsylvania National Guard when not absent from this Commonwealth on the call or order of the United States and the Pennsylvania Guard when formed, organized and equipped under order from the Governor in conformity with this title.
51 Pa.C.S. § 5807 — PA Code / Title 51 / Chapter 58 / Section 5807
Reduction in enlisted grade.
Status: in_force

(a) General rule.--An enlisted member in a pay grade above E-1 receiving a sentence by a court-martial that includes a dishonorable or bad-conduct discharge or confinement shall

receive a reduction in pay grade to E-1 effective on the date the sentence is approved.

(b) Sentence no longer effective.--If an enlisted member receives a reduction in pay grade under subsection (a) and the sentence which led to a reduction in pay grade is later set aside, disapproved or, as finally approved, does not include a dishonorable or bad-conduct discharge or confinement, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay grade and allowances.
51 Pa.C.S. § 9810 — PA Code / Title 51 / Chapter 98 / Section 9810
Report.
Status: in_force

The department shall submit annually to the chairperson and minority chairperson of the Education Committee of the Senate,

the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate, the chairperson and minority chairperson of the Education Committee of the House of Representatives and the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives a written report concerning the program. The report shall include, but not be limited to, all of the following:

(1) The number of individuals who applied to the program in the previous fiscal year.

(2) The number of individuals who participated in the program in the previous fiscal year.

(3) The number and percentage of program participants in the previous fiscal year who achieved each of the following:

(i) Earned a high school diploma or its equivalent.

(ii) Enrolled in a course of study at an institution of higher education.

(iii) Accepted a position of full-time, paid employment.

(iv) Accepted a position of part-time, paid employment.

(v) Entered the armed forces of the United States, including a reserve component or the National Guard.

(4) The demographic makeup of the applicants to, and participants in, the program, including, but not limited to, the following:

(i) Race.

(ii) Age.

(iii) Gender.

(5) Any information the department provides to the Secretary of Defense under 32 U.S.C. § 509(k) (relating to National Guard Youth Challenge Program of opportunities for civilian youth).
51 Pa.C.S. § 6041 — PA Code / Title 51 / Chapter 60 / Section 6041
Frauds against government.
Status: in_force

Any person subject to this part:

(1) who, knowing it to be false or fraudulent:

(i) makes any claim against the United States, the Commonwealth or any officer thereof; or

(ii) presents to any person in the civil or military service thereof for approval or payment any claim against the United States, the Commonwealth or any officer thereof;

(2) who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the Commonwealth or any officer thereof:

(i) makes or uses any writing or other paper knowing the same to contain any false or fraudulent statements;

(ii) makes any oath, affirmation or certification to any fact or to any writing or other paper knowing the oath, affirmation or certification to be false; or

(iii) forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited;

(3) who, having charge, possession, custody or control of any money or other property of the United States or the Commonwealth furnished or intended for the armed forces of the United States or the State military forces, knowingly delivers to any person having authority to receive the same any amount thereof less than that for which he receives a certificate or receipt; or

(4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the Commonwealth, furnished or intended for the armed forces of the United States or the State military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the Commonwealth; shall, upon conviction, be punished as a court-martial may direct.
51 Pa.C.S. § 3221 — PA Code / Title 51 / Chapter 32 / Section 3221
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:

"Agency." The Pennsylvania Higher Education Assistance Agency.

"Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency.

"Benefit." The program grant which shall be given to an eligible member's military college or approved institution of higher learning who meets all of the requirements provided for under this subchapter.

"Cadet." A military trainee enrolled in a military college.

"Early Commissioning Program." The United States Army ROTC program that allows a graduate of a military junior college to become a commissioned officer in two years in the reserve or National Guard components.

"Eligible member." A full-time student who is a member of the Pennsylvania National Guard, is selected as a cadet, serves as a Simultaneous Membership Program cadet in the Pennsylvania National Guard and accepts a Pennsylvania National Guard commission upon graduation from the military college.

"Full-time student." An eligible member enrolled in an approved institution of higher learning pursuing an approved degree-producing program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study.

"Military college." The Valley Forge Military College of Pennsylvania.

"Military college tuition." The cost of attendance established annually by the college administration, including tuition and uniforms. The term does not include room, board or books.

"Program." The Military College Educational Assistance Program established under section 3222 (relating to Military College Educational Assistance Program).

"Simultaneous Membership Program." The Simultaneous Membership Program in which a reserve officer trainee assigned to a Pennsylvania Army National Guard unit participates simultaneously as a contracted cadet in the ROTC Advanced Course or Military Science I, II, III and IV levels of military instruction taught at a university or college in accordance with Cadet Command Regulation 145-11 (relating to Reserve Officers' Training Corps Simultaneous Membership Program (SMP)) in effect on the effective date of this section. (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3221 to section 3231 and added present section 3221.
51 Pa.C.S. § 6007 — PA Code / Title 51 / Chapter 60 / Section 6007
Fraudulent enlistment, appointment or separation.
Status: in_force

Any person who:

(1) procures his own enlistment or appointment in the State military forces by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) procures his own separation from the State military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.
51 Pa.C.S. § 8502 — PA Code / Title 51 / Chapter 85 / Section 8502
Purpose.
Status: in_force

The purpose of the program is to provide temporary financial assistance to eligible veterans, their unmarried surviving spouses and surviving dependents when they face a financial emergency and need assistance to provide themselves with the necessities of living. (Oct. 4, 2016, P.L.882, No.109, eff. imd.)
51 Pa.C.S. § 9502 — PA Code / Title 51 / Chapter 95 / Section 9502
Declaration of policy.
Status: in_force

The General Assembly finds and declares as follows:

(1) A mechanism is to be provided through which patients who have the ability to acquire lower cost drugs through the United States Department of Veterans Affairs have access to those drugs if they reside in a long-term care facility, assisted living residence or personal care home.

(2) The mechanism is to be provided by permitting the pharmacy within the long-term care facility, assisted living residence or personal care home, or which has a contract with the entity to:

(i) receive the lower cost drugs directly from the United States Department of Veterans Affairs drug benefit program in the patient's name; and

(ii) repackage and relabel those drugs so they may be dispensed in unit doses to patients in a long-term care facility, assisted living residence or personal care home in compliance with the Food and Drug Administration, the United States Pharmacopeia and the policies and procedures of the long-term care facility, assisted living residence or personal care home.

(3) This chapter shall be interpreted and construed to effectuate the following purposes:

(i) To provide for the care, protection and treatment of patients in long-term care facilities, assisted living residences and personal care homes by allowing them to utilize the drug benefit provided by the United States Department of Veterans Affairs.

(ii) Consistent with the care, protection and treatment of patients in long-term care facilities, assisted living residences and personal care homes, to provide a means by which a pharmacy, within these settings or that has a contract with the entities listed, may:

(A) accept, on behalf of the patient, drugs received directly from the United States Department of Veterans Affairs; and

(B) repackage and relabel those drugs so that the patient may receive them in a unit dose in compliance with the Food and Drug Administration, the United States Pharmacopeia and the policies and procedures of the long-term care facility, assisted living residence or personal care home.

(iii) To provide a means through which this chapter is executed and enforced and in which long-term care facilities, assisted living residences, personal care homes, pharmacists, drug source facilities and pharmaceutical providers may implement this chapter.

(4) Only individuals eligible for benefits provided by the United States Department of Veterans Affairs are eligible for the program under this chapter. (Oct. 14, 2014, P.L.2511, No.147, eff. 60 days) Special Provisions in Appendix. See section 3(3)(i) of Act 36 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
51 Pa.C.S. § 7101.2 — PA Code / Title 51 / Chapter 71 / Section 7101.2
Definitions.
Status: in_force

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

"DD214." A United States Department of Defense Report of Separation Form 214 or a similarly effective form issued by the Department of Defense relating to separation from military service.

"DD215." A United States Department of Defense Incomplete Awards, Decorations and Discharges Form 215 or similarly effective form issued by the Department of Defense to correct errors or make additions to a DD214 in order to ensure that the veteran has accurate discharge documentation.

"Discharge papers or separation documents." A DD214, DD215 or NGB-22 form.

"NGB-22." A National Guard Bureau Report of Separation and Record of Service Form 22 or a similarly effective form issued by the National Guard Bureau relating to separation from military service, specifically in the National Guard.

"Requisite qualifications." The experience, education, academic success, training, certifications, proficiencies, interpersonal skills and intangibles required for an applicant to successfully perform in a public position.

"Spouse of a disabled veteran." The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability.

"Statement of service." A statement of service for veterans on active duty or individuals who are still members of a reserve component or National Guard who must provide a statement signed by, or at the direction of the adjutant, personnel office or commander of the unit or higher headquarters to which the applicant has completed their initial contractual service obligations or is transitioning from active duty of the United States Armed Forces on terminal or transitional leave.

"Surviving spouse." An unmarried spouse of a deceased veteran or of a service member who died on active duty in the United States Armed Forces, including a reserve component or National Guard.

"Under conditions other than dishonorable." A condition in which a recipient of a discharge from service is any of the following:

(1) A recipient of an honorable discharge.

(2) A recipient of a general, under honorable conditions, discharge.

(3) A recipient of a discharge under other than dishonorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs.

"Veteran." The term includes:

(1) An individual who served, as evidenced by the veteran's discharge papers, separation documents or statement of service, or hereafter serves in any of the following:

(i) in the armed forces of the United States, including a reserve component or National Guard, has completed their initial contractual military service obligation and their last discharge or release was under conditions other than dishonorable;

(ii) in the armed forces of the United States, including a reserve component or National Guard, has served during a period of war or armed conflict as determined by the United States Department of Defense, has completed a tour of active duty for purposes other than training, was released from that period of active duty under conditions other than dishonorable and continues to serve;

(iii) in the armed forces of the United States, including a reserve component or National Guard, has completed an initial contractual military service obligation and continues to serve; or

(iv) in the armed forces of the United States, including a reserve component or National Guard, whose last discharge was due to a disability and under conditions other than dishonorable.

(2) An active duty member of the armed forces of the United States who is completing a tour of active duty that is three years or more and is within 90 days of an approved discharge or release, as evidenced by documentation of the projected discharge or release from active duty under conditions other than dishonorable. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days; July 7, 2022, P.L.474, No.44, eff. 60 days) 2022 Amendment. Act 44 amended the defs. of "surviving spouse" and "veteran" and added the def. of "under conditions other than dishonorable." 2020 Amendment. Act 102 added section 7101.2. Cross References. Section 7101.2 is referred to in sections 1361, 1364 of Title 75 (Vehicles).
51 Pa.C.S. § 5202 — PA Code / Title 51 / Chapter 52 / Section 5202
Apprehension of persons absent without leave.
Status: in_force

Any civil officer having authority to apprehend offenders under the laws of the United States or of this Commonwealth, or any military officer subject to this part who has been

authorized by the Governor by regulation, may summarily apprehend any person subject to this part absent without leave from the State military forces and deliver him into the custody of the State military forces.
51 Pa.C.S. § 5901 — PA Code / Title 51 / Chapter 59 / Section 5901
Error of law; lesser included offense.
Status: in_force

(a) Error of law.--A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused.

(b) Approval of lesser offense.--Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
51 Pa.C.S. § 7101.1 — PA Code / Title 51 / Chapter 71 / Section 7101.1
Purpose.
Status: in_force

The purpose of this chapter is to provide a hiring preference to qualified veterans seeking public employment in classified and unclassified services for the discipline and experience represented by the veteran's military training and by the loyalty and public spirit demonstrated by the veteran's service for the preservation of this nation and this Commonwealth. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) 2020 Amendment. Act 102 added section 7101.1.
51 Pa.C.S. § 3702 — PA Code / Title 51 / Chapter 37 / Section 3702
Specifications.
Status: in_force

The Adjutant General shall prescribe the detailed specifications and design for said decorations, medals, badges and awards, and is authorized to procure those items in the prescribed manner. The Adjutant General shall issue appropriate rules, regulations and guidelines for the wearing of said decorations, medals, badges and awards in accordance with the customs and traditions of the Pennsylvania National Guard. (Nov. 29, 2017, P.L.1182, No.56, eff. 60 days)
51 Pa.C.S. § 8903 — PA Code / Title 51 / Chapter 89 / Section 8903
Duty of board.
Status: in_force

When the conditions specified in section 8902 (relating to exemption) are determined to exist by the board for the assessment and revision of taxes, or by a similar board for the assessment of taxes, and upon the receipt by that board of a certification of need for the tax exemption from the commission, the board shall grant the tax exemption prescribed by section 8902. Notification of the granting of the tax exemption by the board shall be forwarded to the person who has received the exemption from the payment of real estate taxes and to the tax-levying bodies and tax collectors of all political subdivisions imposing taxes upon the dwelling of the person granted the exemption from payment of real estate taxes.
51 Pa.C.S. § 9401 — PA Code / Title 51 / Chapter 94 / Section 9401
Federal findings of death or other status as evidence.
Status: in_force

A written finding of missing in action or presumed death made by the Department of Defense, or an officer or employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (56 Stat. 143, 1092, and Public Laws, 408, Ch. 371, 2d Sess. 78th Cong. 50 U.S.C.App.Supp. 1001-17), as now or hereafter amended, or a duly certified copy of such finding shall be received in any court, office, or other place in this Commonwealth as prima facie evidence of the death of the person therein found to be missing in action or dead, and the date, circumstances, and place of his disappearance. Cross References. Section 9401 is referred to in sections 9402, 9403 of this title.
51 Pa.C.S. § 5403 — PA Code / Title 51 / Chapter 54 / Section 5403
Jurisdiction of general courts-martial.
Status: in_force

Subject to section 5402 (relating to jurisdiction of courts-martial in general), general courts-martial have jurisdiction to try persons subject to this part for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any punishment not prohibited by this part including any of the following punishments:

(1) A fine of not more than $10,000.

(2) Confinement for not more than five years.

(3) Forfeiture of all pay and allowances for a period not exceeding five years.

(4) Dismissal, dishonorable discharge or bad-conduct discharge.

(5) Reduction of an enlisted member to any lower enlisted grade.

(6) A reprimand.

(7) Any combination of these punishments.
51 Pa.C.S. § 1903 — PA Code / Title 51 / Chapter 19 / Section 1903
Pennsylvania Veterans' Memorial Commission (Expired).
Status: reserved

2005 Expiration. Section 1903 expired June 30, 2005. See Act 8 of 2003.
51 Pa.C.S. § 6005 — PA Code / Title 51 / Chapter 60 / Section 6005
Conspiracy.
Status: in_force

Any person subject to this part who conspires with any other person to commit an offense under this part shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
51 Pa.C.S. § 5209 — PA Code / Title 51 / Chapter 52 / Section 5209
Confinement with enemy prisoners prohibited.
Status: in_force

No member of the State military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals who are not members of the armed forces.
51 Pa.C.S. § 7301 — PA Code / Title 51 / Chapter 73 / Section 7301
Definitions.
Status: in_force

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

"Active military service." Active service in any of the armed services or forces of the United States or of this Commonwealth.

"Be drafted." To be drafted, to be ordered into active military service if a member of a reserve component of the armed forces, or in any way to enter involuntarily, or remain in active military service, or to enter voluntarily into active military service for such period as is necessary to satisfy one's draft obligation.

"Employee." Any appointed officer or employee regularly employed by the Commonwealth, in its civil service or otherwise, or by any department, board, bureau, commission, authority, agency or office thereof, or by any political subdivision or local authority of the Commonwealth, but shall not mean any employee of any school district or vocational school district.

"Enlist." To enlist, enroll, reenlist, or in any way voluntarily to enter or remain in active military service.

"Reserve component of the armed forces." The United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, Pennsylvania National Guard and Pennsylvania Air National Guard. Cross References. Section 7301 is referred to in section 1301 of Title 16 (Counties); section 8302 of Title 24 (Education); section 2707.1 of Title 30 (Fish); section 2706 of Title 34 (Game); section 5302 of Title 71 (State Government).
51 Pa.C.S. § 4632 — PA Code / Title 51 / Chapter 46 / Section 4632
Modifying or terminating grant of custodial responsibility to nonparent.
Status: in_force

(a) Authorization.--

(1) Except for an order under section 4625 (relating to effect of prior judicial order or agreement) or as otherwise provided under subsection (b) and consistent with 50 U.S.C. §§ 3931 (relating to protection of servicemembers against default judgments) and 3932 (relating to stay of proceedings when servicemember has notice), on motion of a deploying or other parent or a nonparent to whom caretaking authority, legal custody or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this subchapter and is in the best interest of the child.

(2) A modification is temporary and terminates under
51 Pa.C.S. § 7503 — PA Code / Title 51 / Chapter 75 / Section 7503
Applicability of chapter (Deleted by amendment).
Status: in_force

2006 Amendment. Section 7503 was deleted by amendment Nov. 29, 2006, P.L.1459, No.161, effective immediately.
51 Pa.C.S. § 4629 — PA Code / Title 51 / Chapter 46 / Section 4629
Nature of authority created by order.
Status: in_force

(a) Duration and effect.--A grant of authority under this subchapter is temporary and terminates under Subchapter D (relating to return from deployment) after the return from deployment of the deploying parent unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, legal custody or limited contact in an individual to whom it is granted.

(b) Standing.--A nonparent granted caretaking authority, legal custody or limited contact under this subchapter has standing to enforce the grant until it is terminated by court order.
51 Pa.C.S. § 1107 — PA Code / Title 51 / Chapter 11 / Section 1107
Retention of ancient privileges.
Status: in_force

Any unit of artillery, cavalry or infantry existing in this Commonwealth on the passage of the act of Congress of May 8, 1792, which by the laws, customs or usages of this Commonwealth has been in continuous existence since the passage of said act shall be allowed to retain its ancient privileges, subject, nevertheless, to all duties required by this title. Said organizations may be a part of the Pennsylvania National Guard and entitled to all the privileges thereof and shall conform in all respects, except as to cornets, to the organization, discipline and training of the National Guard in time of war. For the purpose of training and when on active duty in the service of the United States, they may be assigned to higher units, as the Governor may direct, and shall be subject to the orders of officers under whom they shall be serving.
51 Pa.C.S. § 9807 — PA Code / Title 51 / Chapter 98 / Section 9807
Funding.
Status: in_force

The department shall apply for funding, as provided for under 32 U.S.C. § 509(d) (relating to National Guard Youth Challenge Program of opportunities for civilian youth). Under 32 U.S.C. § 509(j), the department may supplement such funding with other resources, including gifts, made available to the department and may also accept, use and dispose of gifts or donations of money, other property or services for the program.