42 Pa.C.S. § 5324 — PA Code / Title 42 / Chapter 53 / Section 5324
Assistance to tribunals and litigants outside this Commonwealth with respect to service.
Status: in_force

(a) General rule.--A court of record of this Commonwealth may order service upon any person who is domiciled or can be found within this Commonwealth of any document issued in connection with a matter in a tribunal outside this Commonwealth. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside this Commonwealth and shall direct the manner of service.

(b) Court order not necessary.--Service in connection with a matter in a tribunal outside this Commonwealth may be made within this Commonwealth without an order of court.

(c) Effect on recognition of order.--Service under this section does not, of itself, require the recognition or enforcement of an order rendered outside this Commonwealth. Cross References. Section 5324 is referred to in section 5329 of this title.
42 Pa.C.S. § 706 — PA Code / Title 42 / Chapter 7 / Section 706
Disposition of appeals.
Status: in_force

An appellate court may affirm, modify, vacate, set aside or reverse any order brought before it for review, and may remand the matter and direct the entry of such appropriate order, or require such further proceedings to be had as may be just under the circumstances. Cross References. Section 706 is referred to in sections 704, 754 of Title 2 (Administrative Law and Procedure); section 1711.1 of Title 62 (Procurement).
42 Pa.C.S. § 6336.1 — PA Code / Title 42 / Chapter 63 / Section 6336.1
Notice and hearing.
Status: in_force

(a) General rule.--The court shall direct the county agency or juvenile probation department to provide the child's foster parent, preadoptive parent, relative providing care for the child or a potential kinship care resource under 67 Pa.C.S. § 7507(c) (relating to Kinship Care Program) with timely notice of the hearing. The court shall provide the child's foster parent, preadoptive parent or relative providing care for the child the right to be heard at any hearing under this chapter. The court shall provide a potential kinship care resource with the right to be heard during a scheduled hearing or at a separate dispositional hearing, but only as to the individual's qualifications to provide kinship care. Once a potential kinship care resource has had an opportunity to address the court, the court shall render a decision as to whether the potential kinship care resource may receive notice or participate in future hearings under this chapter. Unless a foster parent, preadoptive parent, relative providing care or a kinship care resource for a child has been awarded legal custody pursuant to section 6357 (relating to rights and duties of legal custodian), nothing in this section shall give the foster parent, preadoptive parent, relative providing care or a potential kinship care resource for the child legal standing in the matter being heard by the court.

(b) Permanency hearings.--

(1) Prior to a permanency hearing under section 6351(e) (relating to disposition of dependent child), a child's foster parent or parents, preadoptive parent or relative providing care for the child may submit to the court a report in regard to the child's adjustment, progress and condition.

(2) The county agency shall notify the foster parent or parents, preadoptive parent or relative providing care for the child of the right to submit a report under this subsection to the court on a form under paragraph (3). The county agency shall provide the foster parent or parents, preadoptive parent or relative providing care for the child with information identifying the name of the judge or officer of the court, along with mailing address, to whom the report is to be submitted.

(3) The Department of Public Welfare shall develop a form for use by a foster parent or parents, preadoptive parent or relative providing care for the child, including, but not limited to, the following information:

(i) Date of completion.

(ii) Name and address of child.

(iii) Name and address of foster parent or parents, preadoptive parent or relative providing care for the child. The information under this subparagraph shall be considered confidential except at the discretion of the court.

(iv) Name of primary caseworker and agency.

(v) Description of child's adjustment in the home.

(vi) Description of child's interaction with foster parent or parents, preadoptive parent or relative providing care and with family members of individuals referred to in this subparagraph.

(vii) Description of child's interaction with others.

(viii) Evaluation of child's respect for property.

(ix) Description of physical and emotional condition of child.

(x) Description of child's interaction with the primary caseworker.

(xi) Description of caseworker's interaction with the child and foster parent or parents, preadoptive parent or relative providing care for the child and with family members of individuals referred to in this paragraph.

(xii) Description of educational status, grades, attendance and behavior of child in school or child's experience in a child day-care setting or early childhood development program.

(xiii) Description of child's experience involving visitation with birth parents, specifying if visitation is supervised or unsupervised and any significant events which occurred.

(xiv) Opinion on overall adjustment, progress and condition of the child.

(xv) Other concerns, comments or recommendations.

(4) The report shall be reviewed by the court and is subject to review by other persons and agencies under sections 6307 (relating to inspection of court files and records) and 6342(d)(1) (relating to court-appointed special advocates).

(5) A county agency or a private agency as defined under 23 Pa.C.S. § 6303 (relating to definitions) shall not take any retaliatory action against a foster parent, preadoptive parent or relative for any information, comments or concerns provided in good faith in a report under this subsection. This paragraph shall not be construed to prevent any agency from taking any action if the report contains information that the foster parent, preadoptive parent or relative has engaged in any conduct that is contrary to any regulation or law or is not in the child's best interest. (Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Dec. 18, 2007, P.L.484, No.76, eff. Jan. 1, 2008; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days; Dec. 14, 2023, P.L.412, No.48, eff. 60 days) 2023 Amendment. Act 48 amended subsec. (a). Suspension by Court Rule. Section 6336.1(b)(2) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 1800(11), amended September 16, 2009, insofar as it is inconsistent with Rule 1604 relating to submission of reports. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
42 Pa.C.S. § 9720.2 — PA Code / Title 42 / Chapter 97 / Section 9720.2
Sentencing for trafficking of persons.
Status: in_force

Notwithstanding any other provision of law, a person who commits a violation of 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude) while violating:

(1) 18 Pa.C.S. § 2901 (relating to kidnapping);

(2) 18 Pa.C.S. § 3121 (relating to rape); or

(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse); shall be sentenced up to a maximum term of life imprisonment. (Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; July 2, 2014, P.L.945, No.105, eff. 60 days)
42 Pa.C.S. § 1905 — PA Code / Title 42 / Chapter 19 / Section 1905
County-level court administrators.
Status: in_force

(a) Transition.--Effective on a date established by the Supreme Court, the offices of district court administrators, deputy court administrators, special courts administrators, associate and assistant court administrators and similar positions as currently designated by the Administrative Office of Pennsylvania Courts upon the advice of the respective president judges of the courts of common pleas shall be included within the State judicial personnel system, and the individuals holding such offices shall be compensated by the Commonwealth through the Administrative Office of Pennsylvania Courts from funds appropriated for such purpose. On the established date, individuals holding such offices shall become State employees, and their status as employees of the respective counties shall cease.

(b) Compensation.--The Administrative Office of Pennsylvania Courts shall establish salaries and other compensation for those individuals entering the State judicial personnel system pursuant to subsection (a).

(c) Compensation plan.--The Administrative Office of Pennsylvania Courts, with the approval of the Supreme Court, shall, consistent with section 1724 (relating to personnel of the system), establish a plan for use on an ongoing basis for compensation of those individuals entering the State judicial personnel system pursuant to subsection (a) and their successors.

(d) Vacancies.--

(1) If a vacancy occurs in an office included in the State judicial personnel system pursuant to subsection (a), the vacancy shall be filled by the president judge or, in districts where there are administrative judges, by the president judge after consultation with the administrative judges.

(2) The Court Administrator of Pennsylvania, with the approval of the Supreme Court, shall establish standards and qualifications for individuals appointed to fill vacancies under paragraph (1).

(e) Reports to appropriations committees.--Consistent with the requirements of section 3531 (relating to budget implementation data), the Court Administrator of Pennsylvania shall make monthly reports to the Chairman and Minority Chairman of the Appropriations Committee of the Senate and the Chairman and Minority Chairman of the Appropriations Committee of the House of Representatives of expenditures for compensation and related expenditures for individuals who are compensated by the Commonwealth pursuant to this section. (June 22, 1999, P.L.75, No.12, eff. imd.) 1999 Amendment. Act 12 added section 1905. See the preamble and sections 18, 19, 20, 21, 22, 24 and 28 of Act 12 in the appendix to this title for special provisions relating to legislative intent, applicability to county court administrators, required membership in State Employees' Retirement System, membership terms and conditions, notification of transfer and certification of credited service, termination of employment and continuation of contributions in county retirement system, transfer of inactive participants or contributors or employees on leave and nonseverability or invalidation. Cross References. Section 1905 is referred to in sections 2392, 2397 of this title; sections 5102, 5301, 5302, 5303.1, 5507, 5903, 5906, 5907, 5953.5 of Title 71 (State Government).
42 Pa.C.S. § 6374 — PA Code / Title 42 / Chapter 63 / Section 6374
Power to make grants.
Status: in_force

The commission shall have the power, and its duty shall be to make annual grants to political subdivisions for the development and improvement of probation services for juveniles.
42 Pa.C.S. § 42 — PA Code / Title 42 / Chapter 42 / Section 42
Political subdivision effective date.
Status: in_force

(a) General rule.--Notwithstanding section 29(3) of the act of July 9, 1976 (P.L.586, No.142), known as the "Judiciary Act of 1976," the provisions of said act relating to budgeting and

financial matters shall take effect as to political subdivisions with respect to fiscal years commencing on or after July 1, 1978.

(b) Effective date of section.--This section shall take effect immediately.
42 Pa.C.S. § 9129 — PA Code / Title 42 / Chapter 91 / Section 9129
Manner and place of execution.
Status: in_force

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within this Commonwealth and to command the aid of all peace officers or other persons in the execution of the warrant and to deliver the accused, subject to the provisions of this subchapter, to the duly authorized agent of the demanding state. Cross References. Section 9129 is referred to in section 9146 of this title.
42 Pa.C.S. § 7321.5 — PA Code / Title 42 / Chapter 73 / Section 7321.5
Effect of agreement to arbitrate; nonwaivable provisions.
Status: in_force

(a) Waiver or variance.--Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law.

(b) Prior to controversy.--Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not do any of the following:

(1) Waive or agree to vary the effect of the requirements of any of the following:

(i) Section 7321.6(a) (relating to application for judicial relief).

(ii) Section 7321.7(a) (relating to validity of agreement to arbitrate).

(iii) Section 7321.9 (relating to provisional remedies).

(iv) Section 7321.18(a) or (b) (relating to witnesses; subpoenas; depositions; discovery).

(v) Section 7321.27 (relating to jurisdiction).

(vi) Section 7321.29 (relating to appeals).

(2) Agree to unreasonably restrict the right under section 7321.10 (relating to initiation of arbitration) to notice of the initiation of an arbitration proceeding.

(3) Agree to unreasonably restrict the right under section 7321.13 (relating to disclosure by arbitrator) to disclosure of any facts by a neutral arbitrator.

(4) Waive the right under section 7321.17 (relating to representation by attorney) of a party to an agreement to arbitrate to be represented by an attorney at any proceeding or hearing under this subchapter, but an employer and a labor organization may waive the right to representation by an attorney in a labor arbitration.

(c) Absolute prohibition.--A party to an agreement to arbitrate or an arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of any of the following:

(1) This section.

(2) Section 7321.4(a) (relating to when subchapter applies).

(3) Section 7321.8 (relating to motion to compel or stay arbitration).

(4) Section 7321.15 (relating to immunity of arbitrator; competency to testify; attorney fees and costs).

(5) Section 7321.19 (relating to judicial enforcement of preaward ruling by arbitrator).

(6) Section 7321.21(d) or (e) (relating to change of award by arbitrator).

(7) Section 7321.23 (relating to confirmation of award).

(8) Section 7321.24 (relating to vacating award).

(9) Section 7321.25 (relating to modification or correction of award).

(10) Section 7321.26(a) or (b) (relating to judgment on award; attorney fees and litigation expenses).

(11) Section 7321.30 (relating to uniformity of application and construction).

(12) Section 7321.31 (relating to relationship to Electronic Signatures in Global and National Commerce Act).
42 Pa.C.S. § 7321.2 — PA Code / Title 42 / Chapter 73 / Section 7321.2
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:

"Arbitration organization." Any association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator.

"Arbitrator." An individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.

"Consumer." An individual who incurs an obligation in an agreement with a merchant for personal, family or household purposes.

"Consumer transaction." A transaction between a consumer domiciled in this Commonwealth and a merchant, including all personal injury claims arising out of such a transaction.

"Court." A court of competent jurisdiction in this Commonwealth.

"Knowledge." Actual knowledge.

"Merchant." A person in the ordinary course of business that offers or sells goods or services to consumers or holds itself out as having knowledge or skill peculiar to such transactions, including a manufacturer, supplier or distributor of goods, or a supplier of personal or professional services.

"Person." Any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture; a government; a governmental subdivision, agency or instrumentality; a public corporation; or any other legal or commercial entity.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
42 Pa.C.S. § 1742 — PA Code / Title 42 / Chapter 17 / Section 1742
Exclusive jurisdiction of Supreme Court.
Status: in_force

The Pennsylvania Supreme Court shall have exclusive jurisdiction to hear any challenge to or to render a declaratory judgment concerning the constitutionality of this subchapter. The Supreme Court is authorized to take such action as it deems appropriate, consistent with the Supreme Court retaining jurisdiction over such a matter, to find facts or to expedite a final judgment in connection with such a challenge or request for declaratory relief.
42 Pa.C.S. § 9798 — PA Code / Title 42 / Chapter 97 / Section 9798
Other notification (Expired).
Status: reserved

2012 Expiration. Section 9798 expired December 20, 2012. See Act 111 of 2011.

Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
42 Pa.C.S. § 5571.1 — PA Code / Title 42 / Chapter 55 / Section 5571.1
Appeals from ordinances, resolutions, maps, etc.
Status: in_force

(a) Applicability; court of common pleas.--

(1) This section shall apply to any appeal raising questions relating to an alleged defect in the process of or procedure for enactment or adoption of any ordinance, resolution, map or similar action of a political subdivision.

(2) An appeal pursuant to this section shall be to the court of common pleas.

(b) Appeals of defects in statutory procedure.--

(1) Any appeal raising questions relating to an alleged defect in statutory procedure shall be brought within 30 days of the intended effective date of the ordinance.

(2) Except as provided in subsection (c), it is the express intent of the General Assembly that this 30-day limitation shall apply regardless of the ultimate validity of the challenged ordinance.

(c) Exemption from limitation.--An appeal shall be exempt from the time limitation in subsection (b) if the party bringing the appeal establishes that, because of the particular nature of the alleged defect in statutory procedure, the application of the time limitation under subsection (b) would result in an impermissible deprivation of constitutional rights.

(d) Presumptions.--Notwithstanding any other provision of law, appeals pursuant to this section shall be subject to and in accordance with the following:

(1) An ordinance shall be presumed to be valid and to have been enacted or adopted in strict compliance with statutory procedure.

(2) In all cases in which an appeal filed in court more than two years after the intended effective date of the ordinance is allowed to proceed in accordance with subsection

(c), the political subdivision involved and residents and landowners within the political subdivision shall be presumed to have substantially relied upon the validity and effectiveness of the ordinance.

(3) An ordinance shall not be found void from inception unless the party alleging the defect in statutory procedure meets the burden of proving the elements set forth in subsection (e).

(e) Burden of proof.--Notwithstanding any other provision of law, an ordinance shall not be found void from inception except as follows:

(1) In the case of an appeal brought within the 30-day time limitation of subsection (b), the party alleging the defect must meet the burden of proving that there was a failure to strictly comply with statutory procedure.

(2) In the case of an appeal which is exempt from the 30-day time limitation in accordance with subsection (c), the party alleging the defect must meet the burden of proving each of the following:

(i) That there was a failure to strictly comply with statutory procedure.

(ii) That there was a failure to substantially comply with statutory procedure which resulted in insufficient notification to the public of impending changes in or the existence of the ordinance, so that the public would be prevented from commenting on those changes and intervening, if necessary, or from having knowledge of the existence of the ordinance.

(iii) That there exist facts sufficient to rebut any presumption that may exist pursuant to subsection

(d)(2) that would, unless rebutted, result in a determination that the ordinance is not void from inception.

(f) Void ordinances.--A determination that an ordinance is void from inception shall not affect any previously acquired rights of property owners who have exercised good faith reliance on the validity of the ordinance prior to the determination.

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

"Intended effective date." Notwithstanding the validity of the challenged ordinance, the effective date specified in the challenged ordinance or, if no effective date is specified, the date 60 days after the date the ordinance would have been finally adopted but for the alleged defect in the process of enactment or adoption.

"Ordinance." An ordinance, resolution, map or similar action of a political subdivision.

"Statutory procedure." The preenactment and postenactment procedures prescribed by statute or ordinance in adopting an ordinance. (July 4, 2008, P.L.325, No.40, eff. imd.) 2008 Amendment. Act 40 added section 5571.1. Cross References. Section 5571.1 is referred to in section 5571 of this title; section 7705 of Title 73 (Townships).
42 Pa.C.S. § 6104 — PA Code / Title 42 / Chapter 61 / Section 6104
Effect of official records generally.
Status: in_force

(a) General rule.--A copy of a record of governmental action or inaction authenticated as provided in section 6103 (relating to proof of official records) shall be admissible as evidence that the governmental action or inaction disclosed therein was in fact taken or omitted.

(b) Existence of facts.--A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty or would have been so recorded had the facts existed shall be admissible as evidence of the existence or nonexistence of such facts, unless the sources of information or other circumstances indicate lack of trustworthiness.
42 Pa.C.S. § 3531 — PA Code / Title 42 / Chapter 35 / Section 3531
Budget implementation data.
Status: in_force

The Court Administrator of Pennsylvania shall make monthly expenditure data available to the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives. Monthly data shall be provided within 15 days after the end of each month. The monthly data shall be prepared in such a way that the last monthly submission is a summary inclusive of the preceding months of the fiscal year and shall be usable to establish a history of expenditure file. This data, at the discretion of the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives, may be provided either in finished reports or on computer tapes. The data shall be provided by fund, by appropriation, by department and by organization within each department and shall include:

(1) Number of filled personnel positions and their cost.

(2) Itemized personnel vacancies and their cost.

(3) New positions created and their cost.

(4) Wage and overtime costs.

(5) Allotments and expenditures for itemized personnel expenses.

(6) Allotments and expenditures for itemized operating expenses.

(7) Allotments and expenditures for itemized fixed assets. In addition to the above specified budgetary data, the Court Administrator shall make available any other budgetary data as may be requested from time to time by the Majority or Minority Chairmen of the Appropriations Committees of the Senate or the House of Representatives. (June 26, 1980, P.L.266, No.78, eff. imd.) 1980 Amendment. Act 78 added section 3531. Cross References. Section 3531 is referred to in section 1905 of this title.
42 Pa.C.S. § 4521 — PA Code / Title 42 / Chapter 45 / Section 4521
Selection of prospective jurors.
Status: in_force

(a) Preparation of master list of prospective jurors.--

(1) At least annually the jury selection commission shall prepare a master list of prospective jurors that shall contain the most recent available address for prospective jurors.

(2) The list shall also contain all voter registration lists for the county, which lists may be incorporated by reference, or names from such other lists which in the opinion of the commission will provide a number of names of prospective jurors which is equal to or greater than the number of names contained in the voter registration list.

(3) The commission may, but will not be required to, supplement the master list of prospective jurors to include, without being limited to, persons in any of the following categories:

(i) Persons listed in telephone, city, municipal directories and similar directories.

(ii) Persons in the county participating in any State, county or local program authorized by law and, to the extent such names are available, persons participating in any Federal program authorized by law.

(iii) Persons who are on school census lists.

(iv) Any other person whose name does not appear in the master list of prospective jurors and who meets the qualifications for jurors set forth in this chapter and who makes application to the commission to be listed on the master list of prospective jurors.

(v) Persons who appear on the list provided to the county pursuant to section 4521.1 (relating to Statewide jury information system) may be used to supplement or substitute the master jury list.

(b) Maintenance of and access to master list of prospective jurors.--The group of names compiled as set forth in subsection

(a) shall constitute the master list of prospective jurors. The list shall be open to the public for inspection.

(c) Selection of names for jury service.--At least once each year the commission shall select at random from the master list of prospective jurors the number of names designated by the president judge pursuant to court orders issued under section 4531 (relating to issuance of court orders for jurors).

(d) Juror qualification form.--

(1) The commission may mail to each person whose name has been selected in the manner set forth in subsection (c) a juror qualification form devised by the commission in such manner that the commission may determine from the answers

to the questions on the form whether or not the prospective juror is qualified. The questions asked in such juror qualification form shall be limited to matters reasonably calculated to permit a determination of the person's qualifications to serve as a juror.

(2) The juror qualification form shall be executed by the prospective juror and shall plainly and conspicuously state thereon that its execution is subject to the penalty for perjury. If the person is unable to fill out the form, another person may fill it out for him, indicate that he has done so, and the reason therefor. The prospective juror shall mail or deliver the completed form to the commission.

(3) If the form does not appear to be properly executed, the commission shall return the form to the prospective juror with instructions to make such additions or corrections as may be necessary and return it to the commission within the time specified.

(4) Any person who fails to return the juror qualification form as directed may be summoned by the commission to appear at the offices of the commission to fill out a juror qualification form or to resolve any ambiguity contained therein.

(e) Selection in certain counties.--In those counties which do not use the juror qualification form as provided for in subsection (d), the selection of persons for jury service shall be made in accordance with section 4524 (relating to selection of jurors for service) and provision shall be made for the collection of information with the summons in order to comply with sections 4502 (relating to qualifications of jurors) and 4503 (relating to exemptions from jury duty).

(f) Compelling compliance with section.--On application by the commission, the court shall compel compliance with subsections (a)(2), (3) and (4) and (d). Officials of political subdivisions and Commonwealth officials having custody, possession or control of lists of names described in this section shall, upon request of the commission, make such lists available to the commission for inspection, reproduction and copying but shall not be required or permitted to:

(1) provide the commission with information other than the name, mailing address and municipality of residence of such person; or

(2) provide the commission with or otherwise disclose records or information which the Attorney General by regulation determines to be privileged from disclosure. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; July 17, 2007, P.L.123, No.37, eff. 120 days) 2007 Amendment. Act 37 amended subsec. (a). Cross References. Section 4521 is referred to in sections 4521.1, 4522 of this title.
42 Pa.C.S. § 5761 — PA Code / Title 42 / Chapter 57 / Section 5761
Bail in drug offenses.
Status: in_force

(a) Inquiry as to source.--When fixing and accepting bail for a person charged with a violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, the magisterial district judge or judge shall determine the source of the currency, bonds, realty or other property used for the payment of the bail or the procurement of a surety bond, as the case may be, being posted by or on behalf of the defendant. The magisterial district judge or judge may request such information as needed to identify the direct or indirect sources, derivation or ownership of the currency or other property used for the payment of bail or procurement of a bond.

(b) Drug proceeds unacceptable.--If the magisterial district judge or judge determines that the bail or surety bond is being financed from funds derived from violations of The Controlled Substance, Drug, Device and Cosmetic Act, the security shall not be accepted, and other security shall be required for the defendant to be admitted to bail. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 2501 — PA Code / Title 42 / Chapter 25 / Section 2501
Appearance in person or by counsel.
Status: in_force

(a) Civil matters.--In all civil matters before any tribunal every litigant shall have a right to be heard, by himself and his counsel, or by either of them.

(b) Criminal matters.--In all criminal prosecutions the accused has a right to be heard by himself and his counsel.
42 Pa.C.S. § 7385 — PA Code / Title 42 / Chapter 73 / Section 7385
Award.
Status: in_force

(a) Manner.--An arbitrator shall make an award in a record, dated and signed by the arbitrator. The arbitrator shall give notice of the award to each party by a method agreed on by the parties or, if the parties have not agreed on a method, under section 7321.3 (relating to notice).

(b) Rationale.--

(1) Except as set forth in paragraph (2), the arbitrator shall make written findings explaining an award.

(2) Except as set forth in subsection (c), the parties, by agreement, may stipulate that paragraph (1) does not apply.

(c) Child custody or support.--Notwithstanding subsection

(b)(2), for an award determining a child custody dispute or a child support dispute, the arbitrator shall state the reasons on which the award is based as required by 23 Pa.C.S. (relating to domestic relations).

(d) Confirmation required.--An award is not enforceable as a judgment until confirmed under section 7386 (relating to confirmation of award). Cross References. Section 7385 is referred to in sections 7386, 7387, 7388, 7389 of this title.
42 Pa.C.S. § 2738 — PA Code / Title 42 / Chapter 27 / Section 2738
Criminal, probate, estates and fiduciary matters.
Status: in_force

(a) General rule.--The personnel of the office of the prothonotary shall exercise the powers and perform the duties vested in or imposed upon the office of the clerk of the court of common pleas by:

(1)
42 Pa.C.S. § 5905 — PA Code / Title 42 / Chapter 59 / Section 5905
Subpoenas.
Status: in_force

Every court of record shall have power in any civil or criminal matter to issue subpoenas to testify, with or without a clause of duces tecum, into any county of this Commonwealth to witnesses to appear before the court or any appointive judicial officer. Subpoenas shall be in the form prescribed by general rules. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 added section 5905. CRIMINAL PROCEEDINGS
42 Pa.C.S. § 9751 — PA Code / Title 42 / Chapter 97 / Section 9751
Sentencing judge.
Status: in_force

The judge who presided at the trial or who received the plea of the defendant shall impose the sentence unless there are compelling reasons that preclude his presence. Suspension by Court Rule. Section 9751 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 Pa.C.S. § 5524.1 — PA Code / Title 42 / Chapter 55 / Section 5524.1
Limitation and application for asbestos claims (Unconstitutional).
Status: in_force

2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.
42 Pa.C.S. § 5750 — PA Code / Title 42 / Chapter 57 / Section 5750
Third-party sureties.
Status: in_force

(a) Responsibilities.--A third-party surety must report a violation of a bail bond condition if the violation is related to any of the following:

(1) A stay away order issued by a magisterial district judge, court of common pleas or other judicial officer.

(2) An order issued by a magisterial district judge, court of common pleas or other judicial officer under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).

(3) An act that constitutes a crime of victim or witness intimidation as provided under 18 Pa.C.S. § 4952 (relating to intimidation of witnesses or victims).

(4) An act which would constitute a misdemeanor or felony under the following:

(i) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).

(ii) 18 Pa.C.S. Ch. 27 (relating to assault).

(iii) 18 Pa.C.S. Ch. 29 (relating to kidnapping).

(iv) 18 Pa.C.S. Ch. 31 (relating to sexual offenses).

(v) 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft while operating under influence).

(vi) The former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) in cases involving bodily injury.

(vii) 75 Pa.C.S. § 3732 (relating to homicide by vehicle).

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

(ix) 75 Pa.C.S. § 3735.1 (relating to aggravated assault by vehicle while driving under the influence).

(5) A crime eligible for sentencing under section 9714(g) (relating to sentences for second and subsequent offenses).

(b) Reporting.--

(1) A third-party surety must:

(i) report a violation under subsection (a) within 24 hours after receiving notice of the violation, verbally or in writing, to the law enforcement agency in the jurisdiction responsible for the criminal case or where the violation occurred; and

(ii) confirm in writing to the office of the attorney for the Commonwealth responsible for prosecution of the case for which the defendant was admitted to bail within 48 hours of making the initial report to a law enforcement agency.

(2) The written confirmation under paragraph (1)(ii) must include the name of the defendant, the name of the third-party surety, the date of the violation, the date and time the third-party surety learned of the violation, the name of the law enforcement agency receiving the report and the date and time the third-party surety reported the violation to the law enforcement agency.

(3) The requirement under paragraph (1)(ii) may be satisfied by hand delivery, United States mail, facsimile or electronic mail.

(c) Penalty.--

(1) Except as provided under paragraph (4), a third-party surety who fails to comply with subsections (a) and (b) may be subject to a civil penalty if the attorney for the Commonwealth demonstrates that:

(i) the unreported violation of a condition identified under subsection (a) resulted in bodily injury or property damage in excess of $10,000; and

(ii) Either of the following apply:

(A) The terms of the bail condition are known to the third-party surety prior to bodily injury or property damage being sustained and the third-party surety received notice of the violation of the condition with sufficient reasonable time to make the report prior to the bodily injury or property damage being sustained.

(B) The third-party surety's failure to discover and report the violation was due to willful disregard to the safety of a witness, victim or the general public in circumstances related to the conditions under subsection (a).

(2) If a court of common pleas imposes a penalty under paragraph (1), a third-party surety shall be assessed a civil penalty in an amount of not less than $500 nor more than $5,000. The following shall apply:

(i) If the attorney for the Commonwealth is able to demonstrate that the third-party surety is a bail bondsman and the penalty is not paid within 90 days of

being imposed, the court shall suspend the authority of the bail bondsman to operate as a bail bondsman in the county for 60 days and shall provide notice of the suspension to the surety insurer associated with the bail bondsman. If the penalty remains unpaid at the conclusion of the suspension, the attorney for the Commonwealth shall commence license revocation procedures under section 5745 (relating to suspension or nonrenewal of license for unpaid bail forfeitures) or 5746 (relating to suspension or revocation of authority to conduct business in a county).

(ii) Any funds received as a civil penalty under this paragraph must be retained and be used by the district attorney to provide victim services.

(3) If the third-party surety is a bail bondsman and has been penalized under paragraph (2) for three or more violations in a two-year period, the attorney for the Commonwealth may commence an action to revoke the bail bondsman's ability to conduct business under section 5745 or 5746.

(4) A civil penalty may not be assessed and a license suspension or revocation may not be imposed against a third-party surety for any of the following:

(i) Failure to report a known violation under subsection (a), if the third-party surety provides evidence that the violation was reported to a law enforcement agency under subsection (b).

(ii) Lack of knowledge of the bail conditions, if the third-party surety provides evidence that the third-party surety attempted to obtain information about the bail conditions which went unanswered or refused or that the bail conditions were altered subsequent to the defendant's release and the third-party surety lacked information about the amended conditions.

(iii) Willful disregard to the safety of a witness, victim or the general public, if:

(A) the third-party surety provides evidence that the third-party surety reviewed the bail conditions with the defendant within 24 hours of release and during instances of contact between the third-party surety and the defendant; and

(B) if the defendant indicated a willingness to commit a violation under subsection (a), the third-party surety reported the risk to the attorney for the Commonwealth or the law enforcement agency, if the attorney for the Commonwealth is unavailable.

(d) Bail forfeiture.--Nothing under this section shall preclude the attorney for the Commonwealth from seeking a bail forfeiture directly from the defendant.

(e) Applicability.--This section shall apply to third-party sureties. (July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. Act 16 added section 5750. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer. Cross References. Section 5750 is referred to in section 5745 of this title.
42 Pa.C.S. § 2102 — PA Code / Title 42 / Chapter 21 / Section 2102
Composition of board.
Status: in_force

(a) General rule.--The Judicial Conduct Board shall consist of:

(1) A judge of the Superior Court or the Commonwealth Court in regular active service appointed by the Supreme Court.

(2) A magisterial district judge, who need not be a member of the bar of this Commonwealth, appointed by the Supreme Court.

(3) A nonjudge member of the bar of this Commonwealth appointed by the Supreme Court.

(4) Three nonlawyer electors appointed by the Supreme Court.

(5) A judge of the courts of common pleas in regular active service appointed by the Governor.

(6) Two nonjudge members of the bar of this Commonwealth appointed by the Governor.

(7) Three nonlawyer electors appointed by the Governor.

(b) Qualifications.--All members of the board must be residents of this Commonwealth. No more than three of the six members appointed by the Supreme Court may be registered in the same political party. No more than three of the six members appointed by the Governor may be registered in the same political party. Membership of a judge or magisterial district judge shall terminate if the member ceases to hold the judicial position that qualified the member for the appointment. Membership shall terminate if a member attains a position that would have rendered the member ineligible for appointment at the time of the appointment. No member may serve more than four consecutive years but may be reappointed after a lapse of one year.

(c) Terms of office.--The members of the board shall serve for terms of four years.

(d) Vacancies.--A vacancy shall be filled by the respective appointing authority for the remainder of the term to which the member was appointed.

(e) Restrictions on activities of members.--No member of the board, during the member's term, may hold office in a political party or political organization. Except for a judicial member, no member of the board, during the member's term, may hold a compensated public office or public appointment. The board shall prescribe general rules governing the conduct of

members. A member may be removed by the board for a violation of the rules governing the conduct of members.

(f) Expenses.--All members shall be reimbursed for expenses necessarily incurred in the discharge of their official duties. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsecs. (a) and (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Special Provisions in Appendix. See section 11 of Act 56 of 1993 in the appendix to this title for special provisions relating to terms of initial members of Judicial Conduct Board.
42 Pa.C.S. § 7372 — PA Code / Title 42 / Chapter 73 / Section 7372
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:

"Arbitration agreement." An agreement which subjects a family law dispute to arbitration.

"Arbitration organization." An association, agency, board, commission or other entity which is neutral and initiates, sponsors or administers an arbitration or is involved in the selection of an arbitrator.

"Arbitrator." An individual selected or appointed, alone or with others, to make an award in a family law dispute which is subject to an arbitration agreement.

"Award." Any interim award, temporary order or final disposition of a family law dispute by an arbitrator.

"Child custody dispute." A family law dispute regarding legal custody, physical custody, parenting plans, parental duties, relocation or supervised physical custody of a child.

"Child support dispute." A family law dispute regarding financial support of a child.

"Court." A court of common pleas which has jurisdiction over a family law dispute.

"Family law dispute." A contested issue arising under 23 Pa.C.S. (relating to domestic relations). The term does not include an issue under section 7373(b) (relating to scope of subchapter).

"Party." An individual who signs an arbitration agreement and whose rights will be determined by an award.

"Person." An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or any other legal entity.

"Protection order." An injunction or other order, issued under the domestic-violence, family-violence or stalking laws of the issuing jurisdiction, to prevent an individual from engaging in a violent or threatening act against, harassment of, contact or communication with or being in physical proximity to, another individual who is a party or a child under the custodial responsibility of a party.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record an electronic symbol, sound or process.

"State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.
42 Pa.C.S. § 5974 — PA Code / Title 42 / Chapter 59 / Section 5974
Summoning prisoner in this Commonwealth to testify in another state.
Status: in_force

(a) Certification.--A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this Commonwealth, may certify:

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

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

(3) that his presence will be required during a specified time.

(b) Hearing.--Upon presentation of the certificate to any court having jurisdiction over the person confined and upon notice to the Bureau of Correction, the court in this Commonwealth shall fix a time and place for a hearing and shall make an order, directed to the person having custody of the prisoner, requiring that the prisoner be produced before it at the hearing. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) References in Text. The Bureau of Correction, referred to in subsec. (b), was abolished by the act of December 30, 1984 (P.L.1299, No.245) and is now the Department of Corrections.
42 Pa.C.S. § 218 — PA Code / Title 42 / Chapter 2 / Section 218
Codification of Act No. 1978-319.
Status: in_force

* * *

(b) Initial sentencing guidelines.--The Pennsylvania Commission on Sentencing shall adopt and publish in the Pennsylvania Bulletin pursuant to 42 Pa.C.S. § 2155(a)(2) (relating to publication of guidelines for sentencing) the initial sentencing guidelines within 18 months of the first

meeting of the commission. The provisions of 18 Pa.C.S. § 1386 (redesignated by this act as 42 Pa.C.S. § 9781) (relating to appellate review of sentence) shall take effect upon the effective date of such initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c) (relating to effective date).

(c) Severability.--(Repealed).

(d) Repealer.--Subchapter G of Chapter 13 (relating to Pennsylvania Commission on Sentencing) of Title 18, and sections 7 and 8(a) and (b) of the act of November 26, 1978 (P.L.1316, No.319), entitled "An act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for sentencing and providing for alteration of identification marks on personal property," are repealed except as follows:

(1) Section 1386 is hereby expressly saved from repeal and shall be redesignated as provided by Article IV of this act.

(2) The original terms of members of the Pennsylvania Commission on Sentencing shall be staggered as provided by the former provisions of 18 Pa.C.S. § 1381(a) (relating to composition).

(e) Expiration.--(Repealed). (Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986) 1986 Repeal. Section 5 of Act 41 repealed subsecs. (c) and

(e). Explanatory Note. Section 218(a) added Subchapter F of
42 Pa.C.S. § 9501 — PA Code / Title 42 / Chapter 95 / Section 9501
Procedures, motions and other matters.
Status: in_force

Except as otherwise provided by this chapter all post-trial procedures, motions and other matters relating to any criminal proceeding shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.
42 Pa.C.S. § 5551 — PA Code / Title 42 / Chapter 55 / Section 5551
No limitation applicable.
Status: in_force

A prosecution for the following offenses may be commenced at any time:

(1) Murder.

(2) Voluntary manslaughter.

(3) Conspiracy to commit murder or solicitation to commit murder if a murder results from the conspiracy or solicitation.

(4) Any felony alleged to have been perpetrated in connection with a murder of the first or second degree, as set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to murder).

(5) A violation of 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury) or 3732 (relating to homicide by vehicle) if the accused was the driver of a vehicle involved in an accident resulting in the death of any person.

(6) A violation of 18 Pa.C.S. § 2702(a)(1), (2), (4) or (7) (relating to aggravated assault) if the accused knew the victim was a law enforcement officer and the law enforcement officer was acting within the scope of the officer's duties.

(7) An offense under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses), or a conspiracy or solicitation to commit an offense under any of the following provisions of 18 Pa.C.S. if the offense results from the conspiracy or solicitation, if the victim was under 18 years of age at the time of the offense: Section 3011(b) (relating to trafficking in individuals). Section 3012 (relating to involuntary servitude) as it relates to sexual servitude. Section 3121 (relating to rape). Section 3122.1 (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3124.1 (relating to sexual assault). Section 3124.2 (relating to institutional sexual assault). Section 3125 (relating to aggravated indecent assault). Section 4302 (relating to incest). (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 14, 1984, P.L.986, No.199, eff. 60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Apr. 5, 1990, P.L.113, No.27, eff. 60 days; July 17, 2007, P.L.123, No.37, eff. 60 days; Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment. Act 87 added par. (7). See sections 9 and 10(1) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. 2007 Amendment. Act 37 amended the entire section. Section 5 of Act 37 provided that the addition of par. (6) which provides for a new statute of limitations for certain violations of 18 Pa.C.S. § 2702(a)(1), (2), (4) or (7) shall apply to such aggravated assaults committed after the effective date of section 5. Cross References. Section 5551 is referred to in sections 5552, 8522, 8542 of this title.
42 Pa.C.S. § 9716 — PA Code / Title 42 / Chapter 97 / Section 9716
Two or more mandatory minimum sentences applicable.
Status: in_force

Where two or more sections requiring mandatory minimum sentences are applicable, the court shall be bound by that section requiring the greater penalty. (Mar. 8, 1982, P.L.169, No.54, eff. 90 days) 1982 Amendment. Act 54 added section 9716. Cross References. Section 9716 is referred to in sections 9712, 9713 of this title.
42 Pa.C.S. § 8316.2 — PA Code / Title 42 / Chapter 83 / Section 8316.2
Contracts or agreements for nondisclosure of certain conduct.
Status: in_force

(a) Void provisions.--A provision of an agreement, contract, settlement or similar instrument that does any of the following shall be void and unenforceable:

(1) prohibits or attempts to prohibit the disclosure of the name of a person suspected of childhood sexual abuse to law enforcement authorities;

(2) suppresses or attempts to suppress information relevant to an investigation by law enforcement authorities into a claim of childhood sexual abuse; or

(3) impairs or attempts to impair the ability of a person to report a claim of childhood sexual abuse to law enforcement authorities.

(b) Form.--Any agreement, contract, settlement or similar instrument settling a claim of childhood sexual abuse shall be presumed to satisfy this section if it does not contain a provision prohibited by subsection (a) and if it includes a notice printed in boldface, 12-point font or larger, as follows or in a substantially similar form: NOTICE TO ALL PARTIES By signing this agreement, you do not surrender your right to speak to law enforcement about the actions, underlying facts or circumstances referenced in this agreement. I (we) acknowledge receipt of the above notice. (Signature).............................(Date)...............

(c) 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:

"Childhood sexual abuse." The term shall have the same meaning as "sexual abuse or exploitation" in 23 Pa.C.S. § 6303 (relating to definitions).

"Law enforcement authorities." The term shall have the same meaning as "law enforcement official" in 23 Pa.C.S. § 6303. (Nov. 26, 2019, P.L.649, No.89, eff. 60 days)

2019 Amendment. Act 89 added section 8316.2.
42 Pa.C.S. § 9718.3 — PA Code / Title 42 / Chapter 97 / Section 9718.3
Sentence for failure to comply with registration of sexual offenders (Expired).
Status: reserved

2012 Expiration. Section 9718.3 expired December 20, 2012. See Act 111 of 2011.
42 Pa.C.S. § 7389 — PA Code / Title 42 / Chapter 73 / Section 7389
Vacation, amendment or confirmation by court of unconfirmed award.
Status: in_force

(a) Grounds for amendment.--Subject to subsection (b), on motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:

(1) the award was procured by corruption, fraud or other undue means;

(2) there was:

(i) evident partiality by the arbitrator;

(ii) corruption by the arbitrator; or

(iii) misconduct by the arbitrator substantially prejudicing the rights of a party;

(3) the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 7383 (relating to powers and duties of arbitrator), so as to prejudice substantially the rights of a party;

(4) the arbitrator exceeded the arbitrator's powers;

(5) no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under section 7377 (relating to motion for judicial relief)

not later than the beginning of the first arbitration hearing; or

(6) the arbitration was conducted without proper notice under section 7376 (relating to notice of arbitration), so as to prejudice substantially the rights of a party.

(b) Child custody or child support.--Subject to subsection

(c), on motion of a party, the court shall vacate an unconfirmed award which determines a child custody dispute or a child support dispute if the moving party establishes that:

(1) the award:

(i) does not comply with section 7385 (relating to award) or 23 Pa.C.S. (relating to domestic relations); or

(ii) is contrary to the best interests of the child;

(2) the statement of reasons in the award is inadequate for the court to review the award; or

(3) a ground for vacating the award under subsection

(a) exists.

(c) Grounds for amendment.--If an award is subject to vacation under subsection (b)(1), on motion of a party, the court may amend the award, if amending rather than vacating is in the best interests of the child.

(d) Standard of review.--The court may determine a motion under subsection (b) or (c):

(1) based on the record of the arbitration hearing, if the hearing was recorded, and facts occurring after the hearing; or

(2) if there is no record, de novo.

(e) Time.--A motion under this section to vacate or amend an award must be filed not later than 30 days:

(1) except as set forth in paragraph (2), after an arbitrator gives notice under section 7385(a) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award); or

(2) for a motion under subsection (a)(1), the ground of corruption, fraud or other undue means is known or, by the exercise of reasonable care, should be known to the party filing the motion.

(f) Rehearing.--If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator. The rehearing shall be before another arbitrator if the reason for vacating the award is that:

(1) the award was procured by corruption, fraud or other undue means; or

(2) there was evident partiality, corruption or misconduct by the arbitrator.

(g) Confirmation.--If the court under this section denies a motion to vacate or amend an award, unless a motion is pending under section 7388 (relating to correction or confirmation by court of unconfirmed award), the court may confirm the award under section 7386 (relating to confirmation of award). Cross References. Section 7389 is referred to in sections 7379, 7381, 7386, 7388, 7395 of this title.
42 Pa.C.S. § 62A07 — PA Code / Title 42 / Chapter 62 / Section 62A07
Relief.
Status: in_force

(a) Order or consent agreement.--The court may issue an order or approve a consent agreement to protect the plaintiff or another individual, as appropriate, from the defendant.

(b) General rule.--An order or a consent agreement may include:

(1) Prohibiting the defendant from having any contact with the victim, including, but not limited to, restraining the defendant from entering the victim's residence, place of employment, business or school. This may include prohibiting indirect contact through third parties and also prohibiting direct or indirect contact with other designated persons.

(2) Granting any other appropriate relief sought by the plaintiff.

(c) Duration and amendment of order or agreement.--A protection order or an approved consent agreement shall be for a fixed period of time not to exceed 36 months. The court may amend its order or agreement at any time upon subsequent petition filed by either party.

(d) Extension of protection orders.--

(1) An extension of an order may be granted:

(i) Where the court, after a duly filed petition, notice to the defendant and a hearing, in accordance with the procedures set forth in sections 62A05 (relating to commencement of proceedings) and 62A06 (relating to hearings), finds that the extension is necessary because the defendant engaged in one or more acts or finds some other circumstances that, in the discretion of the court, demonstrate a continued risk of harm to the victim.

(ii) When a contempt petition or charge has been filed with the court or, in a county of the first class, a hearing officer, but the hearing has not occurred before the expiration of the protection order, the order shall be extended, at a minimum, until the disposition of the contempt petition.

(2) Service of an extended order shall be made in accordance with section 62A05(d).

(3) There shall be no limitation on the number of extensions that may be granted.

(e) Notice.--Notice shall be given to the defendant stating that violations of the order will subject the defendant to arrest under section 62A12 (relating to arrest for violation of order) or contempt of court under section 62A14 (relating to contempt for violation of order).

(f) Incarceration.--When the defendant is or was incarcerated and will be released from custody in the next 90 days or has been released from custody within the past 90 days, a plaintiff does not need to show that the defendant engaged in one or more acts that indicate a continued risk of harm to the victim in order to obtain an extension or a subsequent protection order under this chapter.

(g) Identifying information.--Any order issued under this chapter shall, when furnished by either party, specify the Social Security number and date of birth of the defendant. Cross References. Section 62A07 is referred to in sections 62A04, 62A09, 62A12, 62A17 of this title.
42 Pa.C.S. § 9108 — PA Code / Title 42 / Chapter 91 / Section 9108
Transmission of subchapter.
Status: in_force

The Department of State shall certify and deliver a copy of this subchapter to the executive authority of each state.
42 Pa.C.S. § 4503 — PA Code / Title 42 / Chapter 45 / Section 4503
Exemptions from jury duty.
Status: in_force

(a) General rule.--No person shall be exempt or excused from jury duty except the following:

(1) Persons in active service of the armed forces of the United States or of the Commonwealth of Pennsylvania.

(2) Persons who have served within three years next preceding on any jury except a person who served as a juror for fewer than three days in any one year in which case the exemption period shall be one year.

(3) Persons demonstrating to the court undue hardship or extreme inconvenience may be excused permanently or for such period as the court determines is necessary, and if excused for a limited period shall, at the end of the period, be assigned to the next jury array.

(4) Spouses, children, siblings, parents, grandparents and grandchildren of victims of criminal homicide under 18 Pa.C.S. § 2501 (relating to criminal homicide).

(5) Persons who have previously served for a term of 18 months on a Statewide investigating grand jury, including any extensions thereof, who opt not to serve.

(6) Persons 75 years of age or older who request to be excused.

(7) Judges and magisterial district judges of the Commonwealth and judges of the United States as defined in 28 U.S.C. § 451 (relating to definitions).

(8) Breastfeeding women who request to be excused.

(b) Challenges.--This subchapter shall not affect the existing practice with respect to peremptory challenges and challenges for cause. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Oct. 17, 2002, P.L.886, No.128, eff. 60 days; June 13, 2012, P.L.636, No.63, eff. 60 days; Oct. 30, 2015, P.L.215, No.54, eff. 60 days) 2015 Amendment. Act 54 added subsec. (a)(6), (7) and (8). 2012 Amendment. Act 63 added subsec. (a)(5). Cross References. Section 4503 is referred to in sections 4521, 4523, 4584 of this title.
42 Pa.C.S. § 9146.1 — PA Code / Title 42 / Chapter 91 / Section 9146.1
Presigned waiver of extradition.
Status: in_force

Notwithstanding any other provision of law, a law enforcement agency in this Commonwealth holding a person who is alleged to have broken the terms of his probation, parole, bail or any other release in the demanding state shall immediately deliver that person to the duly authorized agent of the demanding state without the requirement of a Governor's warrant if all of the following apply:

(1) The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.

(2) The law enforcement agency holding the person has received an authenticated copy of the prior waiver of extradition signed by the person and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.

(3) All open criminal charges in this Commonwealth have been disposed of through trial and sentencing. (June 25, 1997, P.L.324, No.33, eff. imd.) 1997 Amendment. Act 33 added section 9146.1.
42 Pa.C.S. § 5973 — PA Code / Title 42 / Chapter 59 / Section 5973
Scope of subchapter.
Status: in_force

This subchapter does not apply to any person in this Commonwealth confined as insane or mentally ill or as a defective delinquent or under sentence of death.
42 Pa.C.S. § 8304 — PA Code / Title 42 / Chapter 83 / Section 8304
Damages in actions on bad checks.
Status: in_force

(a) General rule.--In a civil action to recover damages and costs following a conviction for passing a bad check pursuant to 18 Pa.C.S. § 4105 (relating to bad checks) and failure to make full restitution, the payee shall, upon obtaining judgment, be entitled to recover damages in an amount equal to $100 or triple the amount for which the check was drawn, whichever is greater.

(b) Limitation.--Damages recovered under this section may not exceed by more than $500 the value of the check and shall be awarded only if:

(1) the payee made written demand of the issuer for payment of the amount of the check, including interest and service charges authorized by 18 Pa.C.S. § 4105(e), not less than ten days before commencing the action; and

(2) the issuer failed to tender to the payee, prior to commencement of the action, an amount of money not less than the amount demanded.

(c) Restriction.--Notwithstanding subsection (a), if partial restitution has been made, damages recovered under this section may not exceed triple the amount of the unpaid restitution. (Dec. 11, 1986, P.L.1481, No.151, eff. 90 days; Dec. 15, 1986, P.L.1598, No.177, eff. 60 days; June 22, 2000, P.L.382, No.50, eff. 60 days) 2000 Amendment. Act 50 amended subsec. (b). 1986 Amendments. Acts 151 and 177 added section 8304. The amendments by Acts 151 and 177 are identical and therefore have been merged.
42 Pa.C.S. § 8128 — PA Code / Title 42 / Chapter 81 / Section 8128
Transfer of claim to avoid policy of Commonwealth.
Status: in_force

(a) General rule.--It shall be unlawful for any creditor or obligee to commence an action on or to transfer any claim against a resident of this Commonwealth for the purpose of having such claim collected by proceedings in a forum which accords such resident less favorable exemptions from attachment or execution than are accorded by this Commonwealth, or for the purpose of depriving such resident of the right to have his personal earnings while in the hands of his employer exempt from application to the payment of his debts.

(b) Remedy.--In addition to remedy by injunction or otherwise, a resident of this Commonwealth who is aggrieved by any action by a creditor or obligee in violation of subsection

(a) shall have a right of action against the creditor or obligee for treble the amount recovered from such resident in violation of this section and reasonable counsel fees. The transfer of any claim against the resident and the commencement of any action thereon outside this Commonwealth shall be prima facie evidence of a purpose to violate the provisions of subsection

(a).

(c) Application to Title 15.--The provisions of this section shall also apply to the limitations set forth in 15 Pa.C.S. § 1929.1 (relating to limitations on asbestos-related liabilities relating to certain mergers or consolidations). (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 17, 2001, P.L.904, No.101, eff. imd.)
42 Pa.C.S. § 102 — PA Code / Title 42 / Chapter 1 / Section 102
Definitions.
Status: in_force

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

"Action." Any action at law or in equity.

"Administrative judge." The administrative judge of a division of a court, determined or selected as prescribed by general rule.

"Administrative Office." The office of the Court Administrator of Pennsylvania as specified in section 1902 (relating to Administrative Office of Pennsylvania Courts).

"Administrative staff." All individuals employed in the business of a court, including the personnel of the office of the clerk of the court of common pleas, but the term does not include judicial officers or their personal staff. The term includes the clerks or prothonotaries of the Supreme Court, the Superior Court and the Commonwealth Court and their staffs.

"Affidavit." Includes an unsworn document containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

"Appeal." Any petition or other application to a court for review of subordinate governmental determinations. The term includes an application for certiorari under section 934 (relating to writs of certiorari) or under any other provision of law. Where required by the context, the term includes proceedings on petition for review.

"Appellate court." Includes the Supreme Court, the Superior Court and the Commonwealth Court.

"Appointive judicial officers." Arbitrators, auditors, commissioners to take oaths and depositions, custodians, examiners, guardians, masters, mental health review officers, receivers, referees, trustees, viewers and other like officers.

"Branch." As applied to a court of common pleas in a multicounty judicial district, an administrative unit composed

of those members of the staff of the court from a particular county within the judicial district.

"Central staff." All individuals employed in the business of the unified judicial system, but the term does not include magisterial district judges or their personal staff or personnel of the courts.

"Clerk." As applied to a court of common pleas or the Philadelphia Municipal Court, the personnel of the office of the clerk of the court of common pleas, and as applied to any other court, the administrative staff responsible for the receipt of documents transmitted to the court by litigants and the transmission of notice of orders entered by and process issued under the authority of the court.

"Clerk of the courts." The officer exercising the powers and performing the duties specified in Subchapter C of Chapter 27 (relating to clerks of the courts). The term includes the Clerk of Quarter Sessions of Philadelphia.

"Clerk of the orphans' court division." The officer exercising the powers and performing the duties specified in
42 Pa.C.S. § 5915 — PA Code / Title 42 / Chapter 59 / Section 5915
Testimony by spouse in rebuttal.
Status: in_force

In any criminal proceeding brought against the husband or wife, if the defendant makes defense at the trial upon any ground which attacks the character or conduct of his or her spouse, the spouse attacked shall be a competent witness in rebuttal for the Commonwealth.
42 Pa.C.S. § 22 — PA Code / Title 42 / Chapter 22 / Section 22
Termination of employment and continuation of contributions in county retirement system.
Status: in_force

(a) Termination of employment by transferred employee.--County employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 shall have their county employment by virtue of judicial system employment terminated effective the day before the transfer. No further rights in any county retirement system by virtue of employment with the State shall accrue, but such transferred member shall have the rights, privileges and obligations in the retirement system of the county enjoyed by any other involuntarily terminated employee who is a member of that plan of the same gender and with the

same age, years of service, compensation, contributions and other factors that enter into the calculation of benefits.

(b) Contributions left in county retirement system.--Notwithstanding subsection (a) or any other provision of this act, including, but not limited to, the addition of 71 Pa.C.S. §§ 5301(e) and 5303.1(d) and section 23 of this act, and notwithstanding any other provision of law, ordinance, collective bargaining agreement, arbitration award, contract or term or condition of any retirement system or pension plan, any transferred member who elects to convert county service to State service may elect to leave in the county retirement system or pension plan any contributions of whatever nature made by the employee, including, but not limited to, pickup contributions, and any interest paid on those contributions. Upon making such an election, the retirement system or pension plan shall treat the contributions and interest as if the member had remained in full-time active service as an employee of the county for the period the transferred employee is a State employee, including the crediting of interest if and as otherwise provided for by the retirement system or pension plan. Upon termination of State service, the transferred employee may make application to the county pension plan or retirement system as if the transferred employee was terminating county service and shall be granted whatever rights and benefits, including an immediate lump sum distribution or an annuity from the county pension plan or retirement system equal to the contributions and interest in the member's account with the county, provided to a terminating member with the age and service the member would have possessed had the member remained a full-time employee of the county. Such election must be in writing filed with the administrator of the county pension plan or retirement system from which the county service is being converted and must be made within 30 days after the election to convert county service to State service.
42 Pa.C.S. § 7402 — PA Code / Title 42 / Chapter 74 / Section 7402
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:

"Collaborative communication." A statement or question that concerns the collaborative law process or a collaborative matter and that occurs after the parties sign a collaborative law participation agreement but before the collaborative law process is concluded. The term does not include a written settlement agreement that is signed by all parties to the agreement.

"Collaborative law process." A procedure to resolve a claim, transaction, dispute or issue without intervention by a tribunal, in which procedure all parties sign a collaborative law participation agreement, all parties are represented by counsel and counsel is disqualified from representing the parties in a proceeding before a tribunal.

"Collaborative matter." A dispute, transaction, claim or issue for resolution that is described in a participation agreement concerning any of the following:

(1) Marriage, divorce and annulment.

(2) Property distribution, usage and ownership.

(3) Child custody, visitation and parenting time.

(4) Parentage.

(5) Alimony, alimony pendente lite, spousal support and child support.

(6) Prenuptial, marital and postnuptial agreements.

(7) Adoption.

(8) Termination of parental rights.

(9) A matter arising under 20 Pa.C.S. (relating to decedents, estates and fiduciaries).

(10) A matter arising under 15 Pa.C.S. Pt. II (relating to corporations).

"Family members." All of the following:

(1) Spouses and former spouses.

(2) Parents and children, including individuals acting in loco parentis.

(3) Individuals currently or formerly cohabiting.

(4) Other individuals related by consanguinity or affinity.

"Nonparty participant." A person other than a party or a party's attorney that participates in the collaborative law process. The term may include, but is not limited to, support persons, mental health professionals, financial neutrals and potential parties.

"Party." A person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

"Person." An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

"Proceeding." A judicial, administrative, arbitral or other adjudicative process before a tribunal.

"Related matter." A matter involving the same parties, dispute, transaction, claim or issue as a collaborative matter.

"Tribunal." A court, arbitrator, administrative agency or other body acting in an adjudicative capacity that has jurisdiction to render a binding decision directly affecting a party's interests in a matter.
42 Pa.C.S. § 25 — PA Code / Title 42 / Chapter 25 / Section 25
Confinement of children in jails.
Status: in_force

Until December 31, 1979, a jail may be used for the detention of a child who is alleged to be delinquent but only if the detention is necessary for the safety of the public and if the jail has been approved for the detention of the child by the Department of Public Welfare in good faith and the detention has been ordered by the court pursuant to Chapter 63 of Title 42 of the Pennsylvania Consolidated Statutes (relating to juvenile matters). The Department of Public Welfare shall

approve for use for purposes of and in accordance with the provisions of this section any jail which it finds maintains, for the detention of the child, an appropriate room under adequate supervision: Provided, That the Department of Public Welfare shall have, no later than October 2, 1977, by regulation promulgated standards governing the operations of such portions of such jails as are used for the detention of children pursuant to this section and shall cause the jails to be inspected by the Department of Public Welfare at least once every six months until this confinement is terminated in accordance with provisions in this act. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
42 Pa.C.S. § 8340.13 — PA Code / Title 42 / Chapter 83 / Section 8340.13
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:

"Cause of action based on protected public expression." A cause of action under section 8340.14 (relating to scope of subchapter).

"Goods or services." The term does not include the creation, dissemination, exhibition or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic or artistic work.

"Protected public expression." A person's:

(1) communication in a legislative, executive, judicial or administrative proceeding;

(2) communication on an issue under consideration or review in a legislative, executive, judicial or administrative proceeding; or

(3) exercise, on a matter of public concern, of the rights of freedom of speech or of the press, the right to assemble or petition or the right of association, guaranteed by:

(i) the First Amendment to the Constitution of the United States; or

(ii) section 7 or 20 of Article I of the Constitution of Pennsylvania.

"Protected public expression immunity." Immunity under section 8340.15 (relating to grant of immunity). Cross References. Section 8340.13 is referred to in section 8320.1 of this title.
42 Pa.C.S. § 5976 — PA Code / Title 42 / Chapter 59 / Section 5976
Terms and conditions.
Status: in_force

The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the court thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
42 Pa.C.S. § 2154.1 — PA Code / Title 42 / Chapter 21 / Section 2154.1
Adoption of guidelines for restrictive conditions.
Status: in_force

(a) General rule.--The commission shall adopt guidelines to identify offenders who would be eligible and appropriate for restrictive conditions of probation. These guidelines shall be considered by the sentencing court in determining whether to impose restrictive conditions pursuant to section 9763 (relating to conditions of probation). The guidelines shall give primary consideration to reducing recidivism for the protection of the public safety.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(b) Compliance.--The commission shall certify compliance by each county with guidelines adopted by the commission for county intermediate punishment or for imposing restrictive conditions of probation and with related statutory requirements and section 9728(g.1) (relating to collection of restitution, reparation, fees, costs, fines and penalties) and report the results to the Pennsylvania Commission on Crime and Delinquency. (Dec. 19, 1990, P.L.1196, No.201, eff. July 1, 1991; Nov. 19, 2004, P.L.855, No.112, eff. 180 days; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) Cross References. Section 2154.1 is referred to in sections 2153, 9721, 9754, 9763, 9804, 9810 of this title. § 2154.2. Adoption of guidelines for State intermediate punishment (Repealed). 2019 Repeal. Section 2154.2 was repealed December 18, 2019, P.L.776, No.115, effective in 60 days.
42 Pa.C.S. § 6342 — PA Code / Title 42 / Chapter 63 / Section 6342
Court-appointed special advocates.
Status: in_force

(a) General rule.--The court may appoint or discharge a CASA at any time during a proceeding or investigation regarding dependency under this chapter.

(b) Immunity.--A court-appointed special advocate shall be immune from civil liability for actions taken in good faith to carry out the duties of the CASA under this chapter except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.

(c) Qualifications.--Prior to appointment, a CASA shall:

(1) Be 21 years of age or older.

(2) Successfully pass screening requirements, including criminal history and child abuse background checks.

(3) Successfully complete the training requirements established under subsection (f) and by the court of common pleas of the county where the CASA will serve.

(d) Powers and duties.--Following appointment by the court, the CASA shall:

(1) have full access to and review all records, including records under 23 Pa.C.S. Ch. 63 (relating to child protective services) relating to the child and other information, unless otherwise restricted by the court;

(2) interview the child and other appropriate persons as necessary to develop its recommendations;

(3) receive reasonable prior notice of all hearings, staff meetings, investigations or other proceedings relating to the child;

(4) receive reasonable prior notice of the movement of the child from one placement to another placement, the return of a child to the home, the removal of a child from the home or any action that materially affects the treatment of the child;

(5) submit written reports to the court to assist the court in determining the disposition best suited to the health, safety and welfare of the child; and

(6) submit copies of all written reports and recommendations to all parties and any attorney of a party.

(e) Confidentiality.--All records and information received under this section shall be confidential and only used by the CASA in the performance of his duties.

(f) Standards.--The Juvenile Court Judges' Commission established under the act of December 21, 1959 (P.L.1962, No.717), entitled "An act providing for the creation and operation of the Juvenile Court Judges' Commission in the Department of Justice; prescribing its powers and duties; and making an appropriation," shall develop standards governing the qualifications and training of court-appointed special advocates. (Dec. 15, 1998, P.L.978, No.128, eff. 60 days) 1998 Amendment. Act 128 added section 6342. References in Text. The act of December 21, 1959, P.L.1962, No.717, referred to in subsec. (f), was repealed by the act of December 4, 2007, P.L.427, No.64. The subject matter is now contained in Subchapter F of Chapter 63 of this title. Cross References. Section 6342 is referred to in section 6336.1 of this title; section 6365 of Title 23 (Domestic Relations).
42 Pa.C.S. § 7383 — PA Code / Title 42 / Chapter 73 / Section 7383
Powers and duties of arbitrator.
Status: in_force

(a) Fairness and expediency.--An arbitrator shall conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the family law dispute.

(b) Procedural due process.--An arbitrator shall provide each party a right to be heard, to present evidence material to the family law dispute and to cross-examine witnesses.

(c) Powers.--Unless the parties otherwise agree in a record, an arbitrator may:

(1) select the rules for conducting the arbitration;

(2) hold a conference with the parties before a hearing;

(3) determine the date, time and place of a hearing;

(4) require a party to provide:

(i) a copy of a relevant court order;

(ii) information required to be disclosed in a family law proceeding under 23 Pa.C.S. (relating to domestic relations) and the applicable Pennsylvania Rules of Civil Procedure; and

(iii) a proposed award which addresses each issue in arbitration;

(5) interview a child who is the subject of a child custody dispute;

(6) appoint a private expert at the expense of the parties;

(7) administer an oath or affirmation and issue a subpoena for the attendance of a witness or the production of documents and other evidence at a hearing;

(8) permit and compel discovery concerning the family law dispute and determine the date, time and place of discovery;

(9) determine the admissibility and weight of evidence;

(10) permit deposition of a witness for use as evidence at a hearing;

(11) for good cause, prohibit a party from disclosing information;

(12) appoint an attorney, guardian ad litem or other representative for a child at the expense of the parties;

(13) impose a procedure to protect a party or child from risk of harm, harassment or intimidation;

(14) allocate arbitration fees, attorney fees, expert witness fees and other costs to the parties; and

(15) impose a sanction on a party for bad faith or misconduct during the arbitration according to standards governing imposition of a sanction for litigant misconduct in a family law proceeding.

(d) Ex-parte communications.--An arbitrator may not allow ex parte communication except to the extent allowed in a family law proceeding for communication with a judge. Cross References. Section 7383 is referred to in sections 7380, 7389 of this title.
42 Pa.C.S. § 2522 — PA Code / Title 42 / Chapter 25 / Section 2522
Oath of office.
Status: in_force

Before entering upon the duties of his office, each attorney at law shall take and subscribe the following oath or affirmation before a person authorized to administer oaths: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity, as well to the court as to the client, that I will use no falsehood, nor delay the cause of any person for lucre or malice." Any person refusing to take the oath or affirmation shall forfeit his office.
42 Pa.C.S. § 8563 — PA Code / Title 42 / Chapter 85 / Section 8563
General powers of local agencies.
Status: in_force

(a) Rules and regulations.--A local agency may promulgate rules and regulations not inconsistent with this subchapter in order to implement the intent of this subchapter.

(b) Delegation of duties.--Any duties placed upon a local agency under the provisions of this subchapter may be delegated to an independent contractor by a written agreement.
42 Pa.C.S. § 7321.19 — PA Code / Title 42 / Chapter 73 / Section 7321.19
Judicial enforcement of preaward ruling by arbitrator.
Status: in_force

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 7321.20 (relating to award). A prevailing party may make a

motion to the court for an expedited order to confirm the award under section 7321.23 (relating to confirmation of award), in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies or corrects the award under section 7321.24 (relating to vacating award) or 7321.25 (relating to modification or correction of award). Cross References. Section 7321.19 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 6361 — PA Code / Title 42 / Chapter 63 / Section 6361
Disposition of nonresident child.
Status: in_force

(a) General rule.--If the court finds that a child who has been adjudged to have committed a delinquent act or to be dependent is or is about to become a resident of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to this section and section 6362 (relating to disposition of resident child received from another state), the court may defer hearing on need of treatment and disposition and request by any appropriate means the appropriate court of the county or parish of the residence or prospective residence of the child to accept jurisdiction of the child.

(b) Change of residence under court order.--If the child becomes a resident of another state while on probation or under protective supervision under order of a court of this Commonwealth, the court may request the court of the state in which the child has become a resident to accept jurisdiction of the child and to continue his probation or protective supervision.

(c) Procedure for transfer.--Upon receipt and filing of an acceptance the court of this Commonwealth shall transfer custody of the child to the accepting court and cause him to be delivered to the person designated by that court to receive his custody. It also shall provide the accepting court with certified copies of the order adjudging the child to be a delinquent, or dependent child, of the order of transfer, and if the child is on probation or under protective supervision under order of the court, of the order of disposition. It also shall provide the accepting court with a statement of the facts found by the court of this Commonwealth and any recommendations and other information or documents it considers of assistance to that court in making a disposition of the case or in supervising the child on probation or otherwise.

(d) Effect of transfer to accepting court.--Upon compliance with subsection (c) the jurisdiction of the court of this Commonwealth over the child is terminated. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

1978 Amendment. Act 53 amended subsecs. (a) and (c). Cross References. Section 6361 is referred to in section 6362 of this title.
42 Pa.C.S. § 8121 — PA Code / Title 42 / Chapter 81 / Section 8121
Scope of subchapter.
Status: in_force

(a) General rule.--Except as provided by subsection (b) the exemptions from execution specified in this subchapter are in addition to any other exemptions from execution granted by any other statute.

(b) Specific sum of money.--Except as otherwise expressly provided by statute, where the provisions of this subchapter and of any other statute granting exemption from execution in terms of a specific sum of money are simultaneously applicable to execution against a judgment debtor, such exemptions shall not be aggregated, but the judgment debtor shall be entitled to the benefit of the applicable statute granting exemption in terms of the largest specific sum of money.
42 Pa.C.S. § 4324 — PA Code / Title 42 / Chapter 43 / Section 4324
Copies of destroyed records.
Status: in_force

A copy of any record destroyed or disposed of as authorized pursuant to this subchapter, or a certified copy thereof, if produced in accordance with section 4323 (relating to form of recordation) shall be admissible in evidence in any matter, and shall have the same force and effect as though the original record had been produced and proved. It shall be the duty of the person who would have had custody of the original record, had it not been destroyed pursuant to law, to prepare enlarged, typed or photographic copies of such reproduced records whenever their production is required. (July 9, 2014, P.L.1004, No.113, eff. 30 days)
42 Pa.C.S. § 1726 — PA Code / Title 42 / Chapter 17 / Section 1726
Establishment of taxable costs.
Status: in_force

(a) Standards for costs.--The governing authority shall prescribe by general rule the standards governing the imposition and taxation of costs, including the items which constitute taxable costs, the litigants who shall bear such costs, and the discretion vested in the courts to modify the amount and responsibility for costs in specific matters. All system and related personnel shall be bound by such general rules. In prescribing such general rules, the governing authority shall be guided by the following considerations, among others:

(1) Attorney's fees are not an item of taxable costs except to the extent authorized by section 2503 (relating to right of participants to receive counsel fees).

(2) The prevailing party should recover his costs from the unsuccessful litigant except where the:

(i) Costs relate to the existence, possession or disposition of a fund and the costs should be borne by the fund.

(ii) Question involved is a public question or where the applicable law is uncertain and the purpose of the litigants is primarily to clarify the law.

(iii) Application of the rule would work substantial injustice.

(3) The imposition of actual costs or a multiple thereof may be used as a penalty for violation of general rules or rules of court.

(b) Private collection agencies.--The governing authority shall have the option of turning over delinquent accounts to private collection agencies which shall be selected through the competitive bidding process. (Dec. 18, 1992, P.L.1269, No.167, eff. imd.) Cross References. Section 1726 is referred to in sections 1702, 3542 of this title; section 3345.1 of Title 75 (Vehicles).
42 Pa.C.S. § 9720.4 — PA Code / Title 42 / Chapter 97 / Section 9720.4
Sentencing for offenses committed in association with a criminal gang.
Status: in_force

(a) Sentencing enhancement.--In addition to any minimum term of imprisonment authorized or established by law for the offense, the Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for a crime of violence, as defined in section 9714(g) (relating to sentences for second and subsequent offenses) or a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, if the offense was knowingly committed at the direction of or for the purpose of benefiting, promoting or furthering the interests of a criminal gang.

(b) Definition.--As used in this section, the term "criminal gang" has the meaning given in 18 Pa.C.S. § 5131(e) (relating to recruiting criminal gang members). (Oct. 25, 2012, P.L.1628, No.200, eff. 60 days) 2012 Amendment. Act 200 added section 9720.4.
42 Pa.C.S. § 6159 — PA Code / Title 42 / Chapter 61 / Section 6159
Obtaining production of original record.
Status: in_force

The production of the original record shall only be required if the subpoena duces tecum so specifies for the purpose of comparing the reproduced record to the original or for the purpose of resolving an issue in dispute and shall be delivered within 30 days of receipt of the request. Except when the original record is requested by a district attorney or an independent or executive agency of the Commonwealth, the records shall be delivered on the date set forth in the subpoena duces tecum. (Feb. 18, 1998, P.L.170, No.26, eff. 60 days)
42 Pa.C.S. § 8340.11 — PA Code / Title 42 / Chapter 83 / Section 8340.11
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Uniform Public Expression Protection Act.
42 Pa.C.S. § 4435 — PA Code / Title 42 / Chapter 44 / Section 4435
Oath.
Status: in_force

Before commencement of interpreter duties, an interpreter appointed under this subchapter shall take an oath or make an affirmation on the record that the interpreter will make a true interpretation to the person who is deaf in a manner that the person who is deaf understands and that the interpreter will repeat the statements of the person who is deaf to the court in English to the best of the interpreter's skill and judgment and in accordance with the code of professional conduct for court interpreters for persons who are deaf.
42 Pa.C.S. § 7321.25 — PA Code / Title 42 / Chapter 73 / Section 7321.25
Modification or correction of award.
Status: in_force

(a) Grounds.--Upon motion made within 90 days after the movant receives notice of the award under section 7321.20 (relating to award) or within 90 days after the movant receives notice of a modified or corrected award under section 7321.21 (relating to change of award by arbitrator), the court shall modify or correct the award if:

(1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;

(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(b) Court action.--If a motion made under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.

(c) Joinder.--A motion to modify or correct an award under this section may be joined with a motion to vacate the award under section 7321.24 (relating to vacating award). Cross References. Section 7321.25 is referred to in sections 7321.5, 7321.19, 7321.21, 7321.23, 7321.26 of this title.
42 Pa.C.S. § 8340.15 — PA Code / Title 42 / Chapter 83 / Section 8340.15
Grant of immunity.
Status: in_force

A person is immune from civil liability for a cause of action based on protected public expression if any of the following paragraphs apply:

(1) The party asserting the cause of action based on protected public expression fails to:

(i) establish a prima facie case as to each essential element of the cause of action; or

(ii) state a cause of action upon which relief can be granted.

(2) There is no genuine issue as to any material fact, and the person against whom the cause of action based on protected public expression has been asserted is entitled to judgment as a matter of law in whole or in part. Cross References. Section 8340.15 is referred to in sections 8320.1, 8340.13, 8340.16, 8340.18 of this title.
42 Pa.C.S. § 3733.2 — PA Code / Title 42 / Chapter 37 / Section 3733.2
Additional surcharge (Expired).
Status: reserved

2022 Expiration. Section 3733.2 expired June 30, 2022. See Act 93 of 2021.
42 Pa.C.S. § 8724 — PA Code / Title 42 / Chapter 87 / Section 8724
Disclosure of confidential information.
Status: in_force

(a) General rule.--Disclosure of confidential information shall be limited as follows:

(1) disclosure by the Commonwealth agency holding such information shall be limited to persons personally and directly engaged in the ongoing investigation by the petitioner under section 8723 (relating to grounds for access); and

(2) disclosure by the petitioner:

(i) in the case of the Attorney General or a district attorney, shall be limited to judicial or administrative proceedings;

(ii) in the case of the Crime Commission, shall be limited to official reports; and

(iii) in the case of a committee or subcommittee of either House of the General Assembly, shall be limited to regular meetings of the committee or subcommittee or debate on the floor.

(b) Contents of order.--Commonwealth Court orders entered under section 8723 shall specifically limit the disclosure of confidential information as provided in subsection (a). Cross References. Section 8724 is referred to in section 8725 of this title.
42 Pa.C.S. § 7397 — PA Code / Title 42 / Chapter 73 / Section 7397
Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this subchapter may supersede provisions of that act.
42 Pa.C.S. § 4131 — PA Code / Title 42 / Chapter 41 / Section 4131
Definitions (Reserved).
Status: reserved

(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 added section 4131 and renumbered former section 4131 to section 4132.
42 Pa.C.S. § 9133 — PA Code / Title 42 / Chapter 91 / Section 9133
Confinement in jail.
Status: in_force

(a) General rule.--The officer or persons executing the Governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city or borough through which he may pass, and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.

(b) Prisoner in transit.--The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this Commonwealth with such a prisoner for the purpose of immediately returning such prisoner to the demanding state, may, when necessary, confine the prisoner in the jail of any county or city or borough through which he may pass, and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping. Such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this Commonwealth.
42 Pa.C.S. § 2737 — PA Code / Title 42 / Chapter 27 / Section 2737
Powers and duties of the office of the prothonotary.
Status: in_force

The office of the prothonotary shall have the power and duty to:

(1) Administer oaths and affirmations and take acknowledgments pursuant to section 327 (relating to oaths and acknowledgments), but shall not be compelled to do so in any matters not pertaining to the proper business of the office.

(2) Affix and attest the seal of the court or courts to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to

the office of the prothonotary and the business of the court or courts of which it is the prothonotary.

(3) Enter all civil judgments, including judgments by confession.

(4) Enter all satisfactions of civil judgments.

(5) Exercise the authority of the prothonotary as an officer of the court.

(6) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter or optional plan of government. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended par. (3). Cross References. Section 2737 is referred to in section 2737.1 of this title.
42 Pa.C.S. § 8386 — PA Code / Title 42 / Chapter 83 / Section 8386
Preliminary injunction.
Status: in_force

Upon the filing of a motion for preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion for preliminary injunction within 10 business days of the filing. If it shall be made to appear, by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will show at trial, by a preponderance of the evidence, that drug-related nuisance exists, the court shall enter an order preliminarily enjoining the drug-related nuisance and granting such other relief as the court may deem to be appropriate, including those remedies provided for in section 8389 (relating to judgment and remedies). Whenever possible, the court shall order the trial of the action on the merits advanced and consolidated with the hearing of the motion. This section shall not be construed to prohibit the application for or the granting of a temporary restraining order.
42 Pa.C.S. § 2161 — PA Code / Title 42 / Chapter 21 / Section 2161
Criminal history record checks.
Status: in_force

(a) Authorization.--The Pennsylvania Board of Law Examiners may require that persons applying for admission to the bar and the practice of law in this Commonwealth be subject to:

(1) A Federal criminal history record check through the Federal Bureau of Investigation.

(2) A State criminal history record check through the Pennsylvania State Police.

(b) Fingerprints required.--All applicants as required under subsection (a) shall submit fingerprints to the Pennsylvania State Police for the purpose of obtaining criminal history record checks, and the Pennsylvania State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions.

(c) Use of information.--Any information relating to an applicant and obtained under this section by the Pennsylvania Board of Law Examiners may be interpreted and used by the Pennsylvania Board of Law Examiners only to determine the applicant's character, fitness and suitability for admission to the bar and the practice of law in this Commonwealth.

(d) Inapplicability.--The provisions of 18 Pa.C.S. § 9121(b)(2) (relating to general regulations) shall not apply if a request for a criminal history record check is submitted pursuant to this section.
42 Pa.C.S. § 1142 — PA Code / Title 42 / Chapter 11 / Section 1142
Seat of court.
Status: in_force

The regular sessions of the Pittsburgh Magistrates Court shall be held at such locations within the City of Pittsburgh as may be designated by ordinance of the City of Pittsburgh.
42 Pa.C.S. § 30 — PA Code / Title 42 / Chapter 30 / Section 30
Duties of Department of Human Services.
Status: in_force

The Department of Human Services of the Commonwealth shall conduct a study to analyze and make recommendations on the permanency goal of another planned permanent living arrangement for children 16 years of age or older. The following apply:

(1) The study shall include recommendations on all of the following:

(i) Strategies to reduce the use of or eliminate the use of the permanency goal of another planned permanent living arrangement.

(ii) Other permanency goal options for children.

(iii) Expected outcomes for children by the reduction of or the elimination of another planned permanent living arrangement as a permanency goal.

(iv) A timeline to achieve the strategies set forth under subparagraph (i).

(2) In conducting the study, the Department of Human Services shall convene a work group to receive feedback on the potential reduction or elimination of the permanency goal of another planned permanent living arrangement. The work group shall include representatives from the juvenile court, guardians ad litem, parent attorneys, county agencies, private children and youth social service agencies, children's advocacy organizations, the Pennsylvania Youth Advisory Board and other appropriate stakeholders as determined by the Secretary of Human Services.

(3) The Department of Human Services shall, within four months of enactment of this section, report the study's findings and make its recommendations to:

(i) The chairperson and minority chairperson of the Judiciary Committee of the Senate.

(ii) The chairperson and minority chairperson of the Aging and Youth Committee of the Senate.

(iii) The chairperson and minority chairperson of the Judiciary Committee of the House of Representatives.

(iv) The chairperson and minority chairperson of the Children and Youth Committee of the House of Representatives. Explanatory Note. Act 94 amended, added or repealed Chapter 57, sections 7101, 7101.1, 7102, 7103, 7104, 7105, 7201, 7202, 7202.1, the heading of Subchapter B of Chapter 72, sections 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7210, 7211, 7301, 7304, 7305, 7307, 7308, 7310, 7311, 7312, 7313, 7316, 7317,

7318, 7319, the heading of Chapter 74, sections 7401, 7402, the heading of Chapter 75, sections 7501, 7501.4, 7501.5, 7502, the heading of Chapter 76 and the heading of Subchapter A of Chapter 76, sections 7601, 7602, 7603, 7604, 7605, 7606, 7607, 7608, the heading of Subchapter C of Chapter 76, sections 7609, 7610, 7611, 7612, 7613, Subchapter D of Chapter 76, sections 7615, 7616, Chapter 77, Chapter 77A, sections 7801, 7802, 7901, 7902 and 7903 of Title 23 and sections 6302 and 6351 of Title 42. 2017, JUNE 12, P.L.11, NO.5
42 Pa.C.S. § 4326 — PA Code / Title 42 / Chapter 43 / Section 4326
Original records meriting special care.
Status: in_force

If, in the opinion of the person having custody of an original record, such original possesses sufficient value that it merits special care, he shall make a permanent copy of the record, which shall be officially certified and placed on file in lieu of the original record, and, with the approval of the Administrative Office, he shall transfer the original to the custody of such officer as shall be designated by the Administrative Office for permanent preservation.
42 Pa.C.S. § 4527 — PA Code / Title 42 / Chapter 45 / Section 4527
Effect of verdict on jury selection errors.
Status: in_force

Except as otherwise prescribed by general rule, errors and omissions in the selection of jurors under this subchapter shall not constitute grounds to set aside any jury verdict in any civil or criminal matter or to arrest, reverse, open or strike any judgment entered on a jury verdict, and the trial by jury and its rendition of a verdict in any matter shall constitute a waiver of all such errors and omissions. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 added section 4527.
42 Pa.C.S. § 3732 — PA Code / Title 42 / Chapter 37 / Section 3732
Utilization of funds in account.
Status: in_force

(a) General rule.--Except for the repayments under subsection (b), all moneys deposited into the Judicial Computer System Augmentation Account shall be used only for the initial startup and the ongoing operations of the Statewide judicial computer system.

(b) General Fund repayments.--Any funds appropriated by the General Assembly from the General Fund for the startup and operation of the Statewide judicial computer system shall be repaid to the General Fund from the Judicial Computer System Augmentation Account over a five-year period beginning 24 months after the initial appropriation from the General Fund.
42 Pa.C.S. § 5537 — PA Code / Title 42 / Chapter 55 / Section 5537
Land surveying.
Status: in_force

All actions to recover any or all damages against any person engaged in the practice of land surveying occurring as the result of any deficiency, defect, omission, error or miscalculation shall be commenced within 12 years from the time the services are performed. Any such action not commenced within this 12-year period shall be forever barred. The cause of action in such cases shall accrue when the services are performed. Furthermore, any action shall be commenced within four years from the time that such cause of action was discovered, but no later than during this 12-year limitation period. In any event, no action shall be commenced after the 12 years from the time that the services are performed. The term "practice of land surveying" shall be the same as defined under the act of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land Surveyor and Geologist Registration Law. (June 30, 1988, P.L.464, No.79, eff. imd.; July 7, 2006, P.L.348, No.72, eff. 60 days)
42 Pa.C.S. § 2151 — PA Code / Title 42 / Chapter 21 / Section 2151
Pennsylvania Commission on Sentencing (Repealed).
Status: repealed

2004 Repeal. Section 2151 was repealed November 19, 2004, P.L.855, No.112, effective in 180 days.
42 Pa.C.S. § 5553 — PA Code / Title 42 / Chapter 55 / Section 5553
Summary offenses involving vehicles.
Status: in_force

(a) General rule.--Except as provided in subsection (b) or

(c), proceedings for summary offenses under Title 75 (relating to vehicles) must be commenced within 30 days after the commission of the alleged offense or within 30 days after the discovery of the commission of the offense or the identity of the offender, whichever is later, and not thereafter.

(b) Minor offenses.--(Deleted by amendment).

(c) Exceptions.--

(1) Where proceedings are timely commenced against a person reasonably believed to have committed the summary offense or offenses charged and it subsequently appears that a person other than the person charged is the offender, proceedings may be commenced against the other person within 30 days after the identity of the person is discovered and not thereafter.

(2) Proceedings for summary offenses under Title 75 may be commenced within 365 days after the commission of the offense, the discovery of the commission of the offense or the discovery of the identity of the offender, whichever is later, and not thereafter if the offense involved an accident resulting in the bodily injury or death of any person.

(3) Where a police officer reasonably believes that there are multiple summary offenses arising out of the same conduct or the same criminal episode and that an offense under 75 Pa.C.S. § 1543 (relating to driving while operating privilege is suspended or revoked) has occurred, proceedings on all summary offenses arising from the conduct or episode may be commenced at the same time and must be commenced within 30 days after the commission of the alleged offenses or within 30 days after the discovery of the commission of the offenses or the identity of the offender or within 30 days after the police officer receives verification of the

basis for the suspension from the Department of Transportation as required under 75 Pa.C.S. § 1543(d), whichever is later, and not thereafter.

(d) Local ordinances on overtime parking.--Local ordinances pertaining to overtime parking shall be subject to the provisions of this section.

(e) Disposition of proceedings within three years.--No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to three years after the commission of the offense. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; June 15, 1982, P.L.512, No.141, eff. 60 days; Nov. 29, 2004, P.L.1325, No.166, eff. 60 days; Nov. 29, 2004, P.L.1364, No.176, eff. imd.) 2004 Amendments. Act 166 amended subsecs. (c) and (e) and Act 176 amended subsecs. (a) and (c) and deleted subsec. (b). Act 176 overlooked the amendment by Act 166, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 5553. Cross References. Section 5553 is referred to in section 5554 of this title.
42 Pa.C.S. § 6906 — PA Code / Title 42 / Chapter 69 / Section 6906
Lessee's right to reinstate agreement after termination.
Status: in_force

(a) General rule.--A lessee who fails to make a timely rental payment may reinstate the agreement without losing any rights or options which exist under the agreement by the payment of all of the following within seven days of the renewal date:

(1) All past due rental charges.

(2) The reasonable costs of retrieval and redelivery, if the property has been retrieved.

(3) Any applicable late fee.

(b) Extended reinstatement after return of property.--

(1) In the case of a lessee who has paid less than two-thirds of the total payments necessary to acquire ownership and where the lessee has returned or voluntarily surrendered the property, other than through judicial process, during the applicable reinstatement period set forth in subsection (a), the lessee may reinstate the agreement during a period of not less than 90 days after the date of the return of the property.

(2) In the case of a lessee who has paid two-thirds or more of the total of payments necessary to acquire ownership and where the lessee has returned or voluntarily surrendered the property, other than through judicial process, during the applicable period set forth in subsection (a), the lessee may reinstate the agreement during a period of not less than 120 days after the date of the return of the property.

(c) Right to reinstate following repossession.--Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but a repossession during the reinstatement period shall not affect the lessee's right to reinstate. Upon reinstatement, the lessor shall provide the lessee with the same property or substitute property of comparable quality and condition. Cross References. Section 6906 is referred to in section 6903 of this title.
42 Pa.C.S. § 6907 — PA Code / Title 42 / Chapter 69 / Section 6907
Rent reduction.
Status: in_force

(a) General rule.--If any lessee who has signed a rental-purchase agreement experiences an interruption or reduction of 25% or more of income due to involuntary job loss, involuntary reduced employment, illness, pregnancy or disability after two-thirds or more of the total amount of the rental payments necessary to acquire ownership under the agreement has been paid, the lessor shall reduce the amount of each rental payment by:

(1) the percentage of the reduction in the lessee's income; or

(2) fifty percent, whichever is less, for the period during which the lessee's income is interrupted or reduced.

(b) Number of payments.--If payments are reduced, the total dollar amount of payments necessary to acquire ownership shall not be increased, but the number of payments necessary to acquire ownership shall be increased accordingly and the rights and duties of the lessor and the lessee shall not otherwise be affected.

(c) Income restored.--When the lessee's income is restored, the lessor may increase the amount of rental payments, but in no event shall rental payments exceed the originally disclosed amount of rental payments.
42 Pa.C.S. § 6204 — PA Code / Title 42 / Chapter 62 / Section 6204
Validity of unsworn declaration.
Status: in_force

(a) General rule.--Except as set forth in subsection (b), if a law of this Commonwealth requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.

(b) Exception.--This chapter does not apply to:

(1) a deposition;

(2) an oath of office;

(3) an oath or affirmation required to be given before a specified official other than a notary public;

(4) a declaration relating to real property required or authorized to be recorded; and

(5) an oath or affirmation required by 20 Pa.C.S. § 3132.1 (relating to self-proved wills).
42 Pa.C.S. § 4541 — PA Code / Title 42 / Chapter 45 / Section 4541
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the

"Investigating Grand Jury Act." Renumbering. Former section 4541 was renumbered 4531 pursuant to section 216(a)(1) of the act of October 5, 1980, P.L.693, No.142.
42 Pa.C.S. § 15 — PA Code / Title 42 / Chapter 15 / Section 15
Minor Judiciary Education Board.
Status: in_force

The Minor Judiciary Education Board is hereby transferred to the unified judicial system. All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations and other material which are used, employed or expended in connection with the powers, duties or functions of the Minor Judiciary Education Board are hereby transferred to the unified judicial system. The terms of the members of the Minor Judiciary Education Board in office on the effective date of this act shall not be affected by this act. Until otherwise provided pursuant to 42 Pa.C.S. § 2132(c) (relating to compensation) each member of the board shall be paid $50 for each day or part thereof upon which he attends a board meeting or performs any duty assigned to him by the chairman and he shall be reimbursed for reasonable traveling or other expenses incurred incident to such attendance and to such assigned duty.
42 Pa.C.S. § 952 — PA Code / Title 42 / Chapter 9 / Section 952
Status of court divisions.
Status: in_force

The divisions of a court of common pleas are administrative units composed of those judges of the court responsible for the transaction of specified classes of the business of the court. In a court of common pleas having two or more divisions each division of the court is vested with the full jurisdiction of the whole court, but the business of the court may be allocated among the divisions of the court by or pursuant to general rules.
42 Pa.C.S. § 5749 — PA Code / Title 42 / Chapter 57 / Section 5749
Prohibitions and penalties.
Status: in_force

(a) Licensing.--Any person who engages in the business of a bail bondsman without being registered and licensed in accordance with the provisions of this subchapter, or who engages in such business while his license is suspended or revoked, commits a misdemeanor of the third degree.

(b) Overcharging.--Any person charging or receiving directly or indirectly any greater compensation for acting as a bail bondsman than is provided by this subchapter commits a summary offense.

(c) Soliciting.--Any person who accepts any fee or compensation for obtaining a bondsman or a recognizance commits a summary offense.

(d) Other violations.--Any person who violates any section of this subchapter for which no specific penalty other than suspension or revocation of license is provided commits a summary offense.

(e) Public officials.--Any law enforcement officer, any employee of a penal institution, or any other system or related personnel, who has, directly or indirectly, any pecuniary interest in or derives any profit from the bonding business or activity of a bail bondsman commits a summary offense.

(f) Public solicitation.--Any bail bondsman who solicits business in any of the courts or on the premises of any tribunal of this Commonwealth, including any tribunal conducted by a magisterial district judge, commits a summary offense. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer. 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 9795 — PA Code / Title 42 / Chapter 97 / Section 9795
Registration of offenders (Deleted by amendment).
Status: in_force

2000 Amendment. Section 9795 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
42 Pa.C.S. § 1126 — PA Code / Title 42 / Chapter 11 / Section 1126
Masters.
Status: in_force

The President Judge of the Philadelphia Municipal Court may appoint attorneys who are members of the Pennsylvania Bar to

serve as masters in proceedings under 23 Pa.C.S. Ch. 61 (relating to protection from abuse). (Dec. 19, 1990, P.L.1240, No.206, eff. 90 days) 1990 Amendment. Act 206 added section 1126. Cross References. Section 1126 is referred to in section 62A03 of this title; section 6102 of Title 23 (Domestic Relations).
42 Pa.C.S. § 6304.1 — PA Code / Title 42 / Chapter 63 / Section 6304.1
Summary offenses.
Status: in_force

(a) Review.--

(1) Upon notice being certified to the court that a child has failed to comply with a lawful sentence imposed for a summary offense, a probation officer shall review the complaints and charges of delinquency pursuant to section 6304 (relating to powers and duties of probation officers) for the purpose of considering the commencement of proceedings under this chapter.

(2) A proceeding commenced under the review in this subsection is a separate action from the underlying summary conviction. For the purposes of proceedings commenced under this section, failure to comply with a lawful sentence imposed for a summary offense is an alleged delinquent act.

(3) Any reference to the underlying summary conviction is solely for the purpose of the certification from the magisterial district judge to the court of common pleas that the juvenile was convicted of the summary offense and failed to comply under section 4132(2) (relating to attachment and summary punishment for contempts).

(b) Administration of money.--Any money subsequently paid by the child pursuant to the disposition of the charges shall be administered and disbursed in accordance with written guidelines adopted by the president judge of the court of common pleas. The court may direct that any portion of the money received from the child shall be deposited into a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child).

(Nov. 30, 2004, P.L.1703, No.217, eff. imd.; June 28, 2018, P.L.361, No.49, eff. 60 days) 2018 Amendment. Act 49 amended subsec. (a). 2004 Amendment. Act 217 added section 6304.1.
42 Pa.C.S. § 8311 — PA Code / Title 42 / Chapter 83 / Section 8311
Damages in actions for conversion of timber.
Status: in_force

(a) General rule.--In lieu of all other damages or civil remedies provided by law, a person who cuts or removes the timber of another person without the consent of that person

shall be liable to that person in a civil action for an amount of damages equal to:

(1) the usual and customary costs of establishing the value of the timber cut or removed and of complying with the erosion and sedimentation control regulations contained in 25 Pa. Code Ch. 102 (relating to erosion control);

(1.1) the cost of any surveys obtained in connection with the civil action; and

(2) one of the following:

(i) three times the market value of the timber cut or removed if the act is determined to have been deliberate;

(ii) two times the market value of the timber cut or removed if the act is determined to have been negligent; or

(iii) the market value of the timber cut or removed if the defendant is determined to have had a reasonable basis for believing that the land on which the act was committed was his or that of the person in whose service or by whose direction the act was done.

(b) Restitution.--Any damages awarded under this section shall be reduced by any restitution which is made under 18 Pa.C.S. § 1107 (relating to restitution for theft of timber).

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

"Timber." Standing trees, logs or parts of trees that are commonly merchandized as wood products.

"Market value." The value of the standing timber at local market prices for the species and quality of timber cut or removed at the time it was cut or removed. (Feb. 17, 1994, P.L.113, No.10, eff. 60 days; May 17, 2001, P.L.23, No.7, eff. 60 days) 2001 Amendment. Act 7 amended subsec. (a). 1994 Amendment. Act 10 added section 8311.
42 Pa.C.S. § 901 — PA Code / Title 42 / Chapter 9 / Section 901
Judicial districts.
Status: in_force

(a) General rule.--The Commonwealth is divided into 60 judicial districts, numbered and composed as follows: First.--City and County of Philadelphia. Second.--County of Lancaster. Third.--County of Northampton. Fourth.--County of Tioga. Fifth.--County of Allegheny. Sixth.--County of Erie. Seventh.--County of Bucks. Eighth.--County of Northumberland. Ninth.--County of Cumberland. Tenth.--County of Westmoreland. Eleventh.--County of Luzerne.

Twelfth.--County of Dauphin. Thirteenth.--County of Greene. Fourteenth.--County of Fayette. Fifteenth.--County of Chester. Sixteenth.--County of Somerset. Seventeenth.--Counties of Snyder and Union. Eighteenth.--County of Clarion. Nineteenth.--County of York. Twentieth.--County of Huntingdon. Twenty-first.--County of Schuylkill. Twenty-second.--County of Wayne. Twenty-third.--County of Berks. Twenty-fourth.--County of Blair. Twenty-fifth.--County of Clinton. Twenty-sixth.--Counties of Columbia and Montour. Twenty-seventh.--County of Washington. Twenty-eighth.--County of Venango. Twenty-ninth.--County of Lycoming. Thirtieth.--County of Crawford. Thirty-first.--County of Lehigh. Thirty-second.--County of Delaware. Thirty-third.--County of Armstrong. Thirty-fourth.--County of Susquehanna. Thirty-fifth.--County of Mercer. Thirty-sixth.--County of Beaver. Thirty-seventh.--Counties of Forest and Warren. Thirty-eighth.--County of Montgomery. Thirty-ninth.--Counties of Franklin and Fulton. Fortieth.--County of Indiana. Forty-first.--Counties of Juniata and Perry. Forty-second.--County of Bradford. Forty-third.--County of Monroe. Forty-fourth.--Counties of Sullivan and Wyoming. Forty-fifth.--County of Lackawanna. Forty-sixth.--County of Clearfield. Forty-seventh.--County of Cambria. Forty-eighth.--County of McKean. Forty-ninth.--County of Centre. Fiftieth.--County of Butler. Fifty-first.--County of Adams. Fifty-second.--County of Lebanon. Fifty-third.--County of Lawrence. Fifty-fourth.--County of Jefferson. Fifty-fifth.--County of Potter. Fifty-sixth.--County of Carbon. Fifty-seventh.--County of Bedford. Fifty-eighth.--County of Mifflin. Fifty-ninth.--Counties of Cameron and Elk. Sixtieth.--County of Pike.

(b) Change in number or boundaries.--Except as otherwise provided therein, any statute amending subsection (a) so as to change the number or boundaries of the judicial districts of this Commonwealth shall take effect 30 days after the entry of an order of the Supreme Court evidencing the advice and consent of the court to the amendment pursuant to section 11 of Article V of the Constitution of Pennsylvania. (Apr. 8, 1982, P.L.292, No.82) 1982 Amendment. Section 2 of Act 82 provided that Act 82 shall take effect 30 days after the advice and consent of the Supreme Court of Pennsylvania is given by order of the court pursuant to section 11 of Article V of the Constitution of

Pennsylvania. The consent of the Supreme Court was given by order of June 30, 1982, published at 12 Pa.B. 2264. Section 901 was amended by adding a 60th Judicial District composed of the County of Pike and removing that county from the 43rd Judicial District, and section 911 was amended by adding a judge to the 60th Judicial District and removing a judge from the 43rd Judicial District. Cross References. Section 901 is referred to in section 102 of this title.
42 Pa.C.S. § 1513 — PA Code / Title 42 / Chapter 15 / Section 1513
Powers of magisterial district judges.
Status: in_force

Every magisterial district judge shall have power to issue every lawful process to or to be served or enforced by system and related personnel and to make such lawful orders as his official business may require. A magisterial district judge may take affidavits and acknowledgments outside his magisterial district but within this Commonwealth. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 9131 — PA Code / Title 42 / Chapter 91 / Section 9131
Rights of accused person.
Status: in_force

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this Commonwealth who shall inform him of the demand made for his surrender and of the crime with which he is charged and that he has the right to demand and procure legal counsel, and, if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody and to the said agent of the demanding state. Cross References. Section 9131 is referred to in sections 9132, 9146 of this title.
42 Pa.C.S. § 5941 — PA Code / Title 42 / Chapter 59 / Section 5941
Persons who may be compelled to testify.
Status: in_force

(a) General rule.--Except defendants actually upon trial in a criminal proceeding, any competent witness may be compelled to testify in any matter, civil or criminal; but he may not be compelled to answer any question which, in the opinion of the trial judge, would tend to incriminate him; nor may the neglect or refusal of any defendant, actually upon trial in a criminal proceeding, to offer himself as a witness, be treated as creating any presumption against him, or be adversely referred to by court or counsel during the trial.

(b) Judgment debtor.--A judgment debtor may be compelled to answer all pertinent questions at any examination concerning his property, but he shall not be prosecuted, or subjected to any penalty or forfeiture, for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, except for perjury in giving such testimony. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 9726 — PA Code / Title 42 / Chapter 97 / Section 9726
Fine.
Status: in_force

(a) Fine only.--The court may, as authorized by law, sentence the defendant only to pay a fine, when, having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices.

(b) Fine as additional sentence.--The court may sentence the defendant to pay a fine in addition to another sentence, either involving total or partial confinement or probation, when:

(1) the defendant has derived a pecuniary gain from the crime; or

(2) the court is of the opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the defendant.

(c) Exception.--The court shall not sentence a defendant to pay a fine unless it appears of record that:

(1) the defendant is or will be able to pay the fine; and

(2) the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.

(d) Financial resources.--In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
42 Pa.C.S. § 5108 — PA Code / Title 42 / Chapter 51 / Section 5108
Imprisonment for debt.
Status: in_force

(a) Constitutional restriction.--The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be provided or prescribed by law.

(b) Statutory restriction.--Except in an action for fines and penalties, or as punishment for contempt, or to prevent departure from the Commonwealth, a defendant may not be arrested in any civil matter. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 5108.
42 Pa.C.S. § 9799.13 — PA Code / Title 42 / Chapter 97 / Section 9799.13
Applicability.
Status: in_force

The following individuals shall register with the Pennsylvania State Police as provided in sections 9799.15 (relating to period of registration), 9799.19 (relating to initial registration) and 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police) and otherwise comply with the provisions of this subchapter:

(1) A sexual offender who has a residence within this Commonwealth or is a transient.

(1.1) A sexual offender who is convicted in this Commonwealth and who does not have a residence in this Commonwealth and:

(i) is employed in this Commonwealth; or

(ii) is a student in this Commonwealth.

(1.2) A sexual offender who does not have a residence within this Commonwealth or is not a transient in this Commonwealth and:

(i) is employed in this Commonwealth; or

(ii) is a student in this Commonwealth.

(2) A sexual offender who is an inmate in a State or county correctional institution of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Department of Corrections or county probation or parole, is subject to a sentence of intermediate punishment or restrictive conditions of probation or has supervision transferred pursuant to the Interstate Compact for Adult Supervision in accordance with section 9799.19(g).

(2.1) A sexual offender who is an inmate in a Federal correctional institution or is supervised by Federal probation authorities and who:

(i) has a residence within this Commonwealth or is a transient;

(ii) is employed within this Commonwealth; or

(iii) is a student within this Commonwealth.

(3) (Deleted by amendment).

(3.1) (Deleted by amendment).

(3.2) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) (Deleted by amendment).

(7) A sexual offender required to register in a sexual offender registry in another jurisdiction or in a foreign country based upon a conviction for a sexually violent offense or under a sexual offender statute in the jurisdiction where the individual is convicted and:

(i) has a residence in this Commonwealth or is a transient;

(ii) is employed within this Commonwealth; or

(iii) is a student within this Commonwealth.

(7.1) An individual who, as a result of committing an offense set forth in section 9799.14(b)(23) (relating to sexual offenses and tier system) on or after December 20, 2012, for which the individual was convicted, is required to register in a sexual offender registry in another jurisdiction or foreign country and:

(i) has a residence in this Commonwealth or is a transient;

(ii) is employed within this Commonwealth; or

(iii) is a student within this Commonwealth.

(7.2) A sexual offender who is convicted in another jurisdiction or foreign country, or is incarcerated or under supervision as a result of a conviction in another jurisdiction or foreign country and:

(i) has a residence in this Commonwealth or is a transient;

(ii) is employed within this Commonwealth; or

(iii) is a student within this Commonwealth.

(8) An individual who, on or after December 20, 2012, is a juvenile offender who was adjudicated delinquent within this Commonwealth or was adjudicated delinquent in another jurisdiction or a foreign country and:

(i) has a residence within this Commonwealth;

(ii) is employed within this Commonwealth; or

(iii) is a student within this Commonwealth.

(8.1) An individual who is a juvenile offender who is adjudicated delinquent in this Commonwealth on or after December 20, 2012, but who does not have a residence within this Commonwealth, is not a transient, is not employed in this Commonwealth or is not a student within this Commonwealth must register with the Pennsylvania State Police in accordance with section 9799.19 prior to leaving this Commonwealth.

(8.2) An individual who between January 23, 2005, and December 19, 2012, established a residence or was a transient in this Commonwealth, was employed within this Commonwealth, or was a student in this Commonwealth, and who was required to register in a sexual offender registry as a result of an adjudication of delinquency for an offense which occurred in a foreign country or another jurisdiction and that required the individual to register in that foreign country or other jurisdiction.

(9) An individual who is a sexually violent delinquent child. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended par. (2). 2021 Unconstitutionality. Section 9799.13 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.13 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended section 9799.13 and Act 29 reenacted and amended section 9799.13. Act 29 overlooked the amendment by Act 10, but the amendments do not conflict in

substance and have both been given effect in setting forth the text of section 9799.13. Section 20(1) of Act 10 provided that the amendment of section 9799.13 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment. Act 19 amended par. (3) and added pars.

(3.1), (3.2) and (8.2), retroactive to December 20, 2012. References in Text. Section 16 of Act 111 of 2011 provided that any reference in any act or part of an act to section 9795.1, referred to in par. (4), shall be deemed a reference to section 9799.15 as if fully set forth in that act or part of that act. Cross References. Section 9799.13 is referred to in sections 9718.4, 9799.15, 9799.16, 9799.18, 9799.19, 9799.21, 9799.22, 9799.25, 9799.32, 9799.34, 9799.36, 9799.39 of this title; section 4915.1 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 8953 — PA Code / Title 42 / Chapter 89 / Section 8953
Statewide municipal police jurisdiction.
Status: in_force

(a) General rule.--Any duly employed municipal police officer who is within this Commonwealth, but beyond the territorial limits of his primary jurisdiction, shall have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office as if enforcing those laws or performing those functions within the territorial limits of his primary jurisdiction in the following cases:

(1) Where the officer is acting pursuant to an order issued by a court of record or an order issued by a district magistrate whose magisterial district is located within the judicial district wherein the officer's primary jurisdiction is situated, or where the officer is otherwise acting pursuant to the requirements of the Pennsylvania Rules of Criminal Procedure, except that the service of an arrest or search warrant shall require the consent of the chief law enforcement officer, or a person authorized by him to give consent, of the organized law enforcement agency which regularly provides primary police services in the municipality wherein the warrant is to be served.

(2) Where the officer is in hot pursuit of any person for any offense which was committed, or which he has probable cause to believe was committed, within his primary jurisdiction and for which offense the officer continues in fresh pursuit of the person after the commission of the offense.

(3) Where the officer:

(i) has been requested to aid or assist a Federal, State or local law enforcement officer or park police officer;

(ii) has probable cause to believe that a Federal, State or local law enforcement officer or park police officer is in need of aid or assistance; or

(iii) has been requested to participate in a Federal, State or local task force and participation has been approved by the police department of the municipality which employs the officer.

(4) Where the officer has obtained the prior consent of the chief law enforcement officer, or a person authorized by him to give consent, of the organized law enforcement agency which provides primary police services to a political subdivision which is beyond that officer's primary jurisdiction to enter the other jurisdiction for the purpose of conducting official duties which arise from official matters within his primary jurisdiction.

(5) Where the officer is on official business and views an offense, or has probable cause to believe that an offense has been committed, and makes a reasonable effort to identify himself as a police officer and which offense is a felony, misdemeanor, breach of the peace or other act which presents an immediate clear and present danger to persons or property.

(6) Where the officer views an offense which is a felony, or has probable cause to believe that an offense which is a felony has been committed, and makes a reasonable effort to identify himself as a police officer.

(b) Limitation.--Nothing contained in subsection (a) shall be deemed to extend or otherwise enlarge a municipal police officer's power and authority to arrest any person for an offense unless specifically authorized by law.

(c) Relinquishing authority.--Whenever a municipal police officer exercises any power or authority over any person or event pursuant to the provisions of subsection (a)(3), (4), (5) or (6), the officer shall relinquish authority and control over any such person or event upon the request of the chief law enforcement officer, or a person authorized by him to make the request, of the organized law enforcement agency which regularly provides primary police services in the municipality.

(d) Immunities and benefits preserved.--Any municipal police officer who exercises any power or authority granted under this section, and the employing municipality of the police officer, shall have the same immunities from liability as would be applicable if the actions were performed within the territorial boundaries of the officer's primary jurisdiction and the police officer shall be entitled to the same benefits of employment as the officer would possess if acting solely within his primary jurisdiction. However, when any municipal police officer is responding to a request for aid or assistance from a State law enforcement officer pursuant to subsection (a)(3) for purposes of workers' compensation and allocation of liability for any death, injury or damage he may cause in the performance of his requested duties, he shall be considered to be an employee of the Commonwealth. All costs incurred by any municipality in the defense of lawsuits arising from the performance of any requested duties shall be borne by the Commonwealth. The Commonwealth shall provide attorneys to defend any lawsuits arising under this section. For purposes of compensation, pension or indemnity fund rights and other rights and benefits to which he may be entitled, the municipal officer shall be considered to be performing his duties in his normal capacity as a municipal law enforcement officer. Nothing in this section shall be construed to restrict the authority of any municipality to limit the exercise of any power or authority conferred on its police by this section.

(e) Existing and future municipal police service agreements preserved.--Nothing in this section shall be construed to

restrict the authority of any municipality to maintain current or to enter into new cooperative police service agreements with another municipality or municipalities for purposes including, but not limited to, describing conditions of mutual aid, assigning liability and determining appropriate costs of these cooperative efforts. (July 1, 1987, P.L.180, No.21, eff. imd.; Dec. 22, 1989, P.L.730, No.100, eff. 60 days; July 2, 2019, P.L.375, No.58, eff. imd.) 2019 Amendment. Act 58 amended subsec. (a)(3). See sections 4 and 5 of Act 58 in the appendix to this title for special provisions relating to applicability and General Assembly. 1989 Amendment. Act 100 amended subsec. (d). Cross References. Section 8953 is referred to in sections 8953.1, 8953.2 of this title; section 10A06 of Title 8 (Boroughs and Incorporated Towns); section 12005 of Title 11 (Cities); section 711 of Title 51 (Military and Veterans Affairs); sections 102, 4571 of Title 75 (Vehicles).
42 Pa.C.S. § 9799.71 — PA Code / Title 42 / Chapter 97 / Section 9799.71
Exemption from notification for certain licensees and their employees.
Status: in_force

Nothing in this subchapter shall be construed as imposing a duty upon a person or an employee of a person licensed under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act, to disclose information regarding:

(1) a sexually violent predator; or

(2) an individual who is transferred to this Commonwealth under the Interstate Compact for the Supervision of Adult Offenders or the Interstate Compact for Juveniles. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.71.
42 Pa.C.S. § 5524 — PA Code / Title 42 / Chapter 55 / Section 5524
Two year limitation.
Status: in_force

The following actions and proceedings must be commenced within two years:

(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

(4) An action for waste or trespass of real property.

(5) An action upon a statute for a civil penalty or forfeiture.

(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.

(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter.

(8) An action to recover damages for injury to a person or for the death of a person caused by exposure to asbestos shall be commenced within two years from the date on which the person is informed by a licensed physician that the person has been injured by such exposure or upon the date on which the person knew or in the exercise of reasonable diligence should have known that the person had an injury which was caused by such exposure, whichever date occurs first. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; Dec. 17, 2001, P.L.904, No.101, eff. 60 days; Nov. 24, 2004, P.L.1243, No.152, eff. imd.) 2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014. Cross References. Section 5524 is referred to in section 1553 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 29 — PA Code / Title 42 / Chapter 29 / Section 29
Construction of law.
Status: in_force

Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices of the peace immediately prior to the effective date of this act. Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date of this act.

2004, NOVEMBER 30, P.L.1703, NO.217 § 5. Election of additional judges.

(a) Applicability.--The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a).

(b) Creation and filling of new judgeships.--Except as set forth in subsections (b.1), (c), (d) and (e), the new judgeships added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 2, 2006, and shall be initially filled by election at the 2005 municipal election.

(b.1) Judgeships in second district.--The new judgeships for the second judicial district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.

(c) Judgeship in eleventh district.--The new judgeship for the eleventh judicial district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.

(d) Judgeship in fifteenth district.--The new judgeship for the fifteenth district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.

(e) Judgeship in sixtieth district.--The new judgeship for the sixtieth judicial district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election. Explanatory Note. Act 217 amended or added sections 911, 6304.1, 6323, 6340, 6352, 7361 and 9718 of Title 42. 2004, DECEMBER 1, P.L.1747, NO.225 § 2. Public information campaign. The Pennsylvania Commission on Crime and Delinquency is directed to establish a public information campaign aimed at high drug trafficking areas informing the public of the five-year mandatory sentence established by 42 Pa.C.S. § 9712.1. The commission shall seek all available funding, including Federal funding or funding available from nonprofit corporations, and shall seek to engage pro bono services from public relations and advertising firms and other entities. Explanatory Note. Act 225 added sections 8338.1 and 9712.1 of Title 42. 2006, NOVEMBER 29, P.L.1567, NO.178 Preamble The General Assembly hereby declares its intention to enact versions of Jessica's Law and Megan's Law in this Commonwealth. Explanatory Note. Act 178 amended or added section 3130,
42 Pa.C.S. § 7533 — PA Code / Title 42 / Chapter 75 / Section 7533
Construction of documents.
Status: in_force

Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise, and obtain a declaration of rights, status, or other legal relations thereunder. Cross References. Section 7533 is referred to in section 7536 of this title.
42 Pa.C.S. § 3723 — PA Code / Title 42 / Chapter 37 / Section 3723
Other facilities and services furnished by Administrative Office.
Status: in_force

The Administrative Office, either directly or where appropriate in the case of equipment, materials and supplies, through the Department of General Services, shall furnish all personnel of the system entitled thereto located within a county, with all necessary accommodations, goods and services which are not by section 3722 (relating to general facilities and services furnished by county) or any other provision of

statute required to be or which have heretofore been furnished by another government unit.
42 Pa.C.S. § 2154.5 — PA Code / Title 42 / Chapter 21 / Section 2154.5
Adoption of guidelines for parole.
Status: in_force

(a) Adoption.--The commission shall adopt guidelines that shall be considered by the board and any other paroling entity when exercising its power to parole and reparole all persons sentenced by any court in this Commonwealth to imprisonment in any correctional institution. The guidelines shall do all of the following:

(1) Give primary consideration to the protection of the public and to victim safety.

(2) Provide for due consideration of victim input.

(3) Be designed to encourage inmates and parolees to conduct themselves in accordance with conditions and rules of conduct set forth by the department or other prison facilities and the board.

(4) Be designed to encourage inmates and parolees to participate in programs that have been demonstrated to be effective in reducing recidivism, including appropriate drug and alcohol treatment programs.

(5) Provide for prioritization of incarceration, rehabilitation and other criminal justice resources for offenders posing the greatest risk to public safety.

(6) Use validated risk assessment tools, be evidence based and take into account available research relating to the risk of recidivism, minimizing the threat posed to public safety and factors maximizing the success of reentry.

(b) Discretionary authority.--Notwithstanding any other provision of law, this section shall not remove the discretionary parole authority of the board and any other paroling entity when exercising its power to parole and reparole. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Aug. 11, 2009, P.L.147, No.33, eff. 60 days) Cross References. Section 2154.5 is referred to in section 9721 of this title; sections 6134.1, 6137 of Title 61 (Prisons and Parole).
42 Pa.C.S. § 9729 — PA Code / Title 42 / Chapter 97 / Section 9729
Intermediate punishment (Repealed).
Status: repealed

2000 Repeal. Section 9729 was repealed June 22, 2000, P.L.345, No.41, effective in 60 days.
42 Pa.C.S. § 9137 — PA Code / Title 42 / Chapter 91 / Section 9137
Bail.
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or issuing authority in this Commonwealth may admit the person arrested to bail by bond with sufficient sureties and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond and for his surrender to be arrested upon the warrant of the Governor of this Commonwealth. Cross References. Section 9137 is referred to in sections 9136, 9138 of this title.
42 Pa.C.S. § 504 — PA Code / Title 42 / Chapter 5 / Section 504
Seat of court.
Status: in_force

The regular sessions of the Supreme Court shall be held in the facility specified in section 3701 (relating to Pennsylvania Judicial Center) and elsewhere as prescribed by general rule.
42 Pa.C.S. § 4584 — PA Code / Title 42 / Chapter 45 / Section 4584
Failure of juror to appear.
Status: in_force

A prospective juror who has been summoned to serve as a juror and who fails to appear as summoned shall, unless exempt or excused pursuant to section 4503 (relating to exemptions from jury duty), be punishable for contempt of court and may be fined in an amount not exceeding $500 or imprisoned for a term no more than ten days or both.
42 Pa.C.S. § 9799.73 — PA Code / Title 42 / Chapter 97 / Section 9799.73
Photographs and fingerprinting.
Status: in_force

An individual subject to section 9799.55 (relating to registration) shall submit to fingerprinting and photographing as required by this subchapter at approved registration sites. Fingerprinting as required by this subchapter shall, at a minimum, require submission of a full set of fingerprints. Photographing as required by this subchapter shall, at a minimum, require submission to photographs of the face and scars, marks, tattoos or other unique features of the individual. Fingerprints and photographs obtained under this subchapter may be maintained for use under this subchapter and for general law enforcement purposes. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.73.
42 Pa.C.S. § 7321.31 — PA Code / Title 42 / Chapter 73 / Section 7321.31
Relationship to Electronic Signatures in Global and National Commerce Act.
Status: in_force

The provisions of this subchapter governing the legal effect, validity and enforceability of electronic records or electronic signatures and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002). Cross References. Section 7321.31 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 17 — PA Code / Title 42 / Chapter 17 / Section 17
Applicability.
Status: in_force

This act shall apply as follows:

(1) The addition of 42 Pa.C.S. § 9799.28(b)(11) shall apply to:

(i) Persons convicted after November 30, 2006, of an offense which required registration under former 42 Pa.C.S. § 9795.1 and to persons required to register under 42 Pa.C.S. Ch. 97 Subch. H on or after the effective date of this section.

(ii) All individuals required to register under 42 Pa.C.S. Ch. 97 Subch. H on or after the effective date of this paragraph.

(iii) All individuals required to register under 42 Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to the effective date of this paragraph and whose registration has not expired prior to the effective date of this paragraph.

(2) The addition of 42 Pa.C.S. §§ 9795.1(d) and 9799.25(f) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency. Explanatory Note. Act 111 amended or added sections 6358, 6403, 6404, 6404.1, 6404.2, 6406, 6409, 9718.1, 9718.2, 9718.3, 9718.4, 9791, 9792, 9795.1, 9795.2, 9795.3, 9795.5, 9796, 9797, 9798, 9798.1, 9799.1, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.17, 9799.18, 9799.19, 9799.20, 9799.21, 9799.22, 9799.23, 9799.24, 9799.25, 9799.26, 9799.27, 9799.28, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.34, 9799.35, 9799.36, 9799.37, 9799.38, 9799.39, 9799.40 and 9799.41 of Title 42, sections 2901, 2902, 2903, 3122.1, 3124.2, 3130, 3141, 4302, 4915, 4915.1, 5902 and 5903 of Title 18, section 6707 of Title 23, section 2303 of Title 44 and sections 4503 and 6137 of Title 61. 2013, DECEMBER 18, P.L.1167, NO.107 § 6. Applicability. The amendment or addition of 23 Pa.C.S. §§ 5328(a)(2.1), 5329.1, 6340(a)(5.1) and 6375(o) and 42 Pa.C.S. §§ 6307(a)(4.1) and (6.5) and 6308(a)(6) shall apply to:

(1) Any action regarding custody of a child under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section.

(2) Any petition to modify a custody order under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section. Explanatory Note. Act 107 amended or added sections 5328, 5329.1, 6340 and 6375 of Title 23 and sections 6307 and 6308 of Title 42. 2014, MARCH 14, P.L.38, NO.18 § 1. Legislative findings and declarations. The General Assembly finds and declares as follows:

(1) The county park police force established by a county of the third class under section 2511 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, has been granted the power to enforce the laws of this Commonwealth and otherwise perform the functions of that office anywhere within the primary jurisdiction of that force.

(2) By participating in the program under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), the officers of the county park police force will receive certification and training to enhance the performance of the powers of the office. Explanatory Note. Act 18 amended or reenacted section 8951 of Title 42 and sections 2162, 2170 and 2171 of Title 53.

2015, JULY 2, P.L.110, NO.16 § 12. Licensure as insurance producer. A person licensed as a professional bondsman prior to the effective date of this act shall be licensed as an insurance producer in accordance with Article VI-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921. Explanatory Note. Act 16 amended, added or repealed the heading of Subchapter B of Chapter 57 and sections 5741, 5742, 5743, 5743.1, 5744, 5745, 5746, 5747, 5747.1, 5748, 5748.1, 5749 and 5750 of Title 42. 2015, DECEMBER 28, P.L.559, NO.94
42 Pa.C.S. § 2503 — PA Code / Title 42 / Chapter 25 / Section 2503
Right of participants to receive counsel fees.
Status: in_force

The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter:

(1) The holder of bonds of a private corporation who successfully recovers due and unpaid interest, the liability for the payment of which was denied by the corporation.

(2) A garnishee who enters an appearance in a matter which is discontinued prior to answer filed.

(3) A garnishee who is found to have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as has been admitted by answer filed.

(4) A possessor of property claimed by two or more other persons, if the possessor interpleads the rival claimants, disclaims all interest in the property and disposes of the property as the court may direct.

(5) The prevailing party in an interpleader proceeding in connection with execution upon a judgment.

(6) Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter.

(7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter.

(8) Any participant who is awarded counsel fees out of a fund within the jurisdiction of the court pursuant to any general rule relating to an award of counsel fees from a fund within the jurisdiction of the court.

(9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith.

(10) Any other participant in such circumstances as may be specified by statute heretofore or hereafter enacted. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(6), adopted April 20, 1998, provided that section 2503(2) and (3) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money. Cross References. Section 2503 is referred to in section 1726 of this title; sections 1508, 1512, 1554, 5508, 5512 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 5303 — PA Code / Title 42 / Chapter 53 / Section 5303
Chattels.
Status: in_force

The tribunals of this Commonwealth shall have jurisdiction over chattels situated within this Commonwealth whether or not the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth. Cross References. Section 5303 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 562 — PA Code / Title 42 / Chapter 5 / Section 562
Powers of Commonwealth Court.
Status: in_force

The Commonwealth Court shall have power to issue, under its judicial seal, every lawful writ and process necessary or suitable for the exercise of its jurisdiction and for the enforcement of any order which it may make, including such writs and process to or to be served or enforced by system and related personnel as the courts of common pleas are authorized by law or usage to issue. The court shall also have all powers of a court of record possessed by the courts of common pleas and all powers necessary or appropriate in aid of its appellate jurisdiction which are agreeable to the usages and principles of law.
42 Pa.C.S. § 6303 — PA Code / Title 42 / Chapter 63 / Section 6303
Scope of chapter.
Status: in_force

(a) General rule.--This chapter shall apply exclusively to the following:

(1) Proceedings in which a child is alleged to be delinquent or dependent.

(2) Transfers under section 6322 (relating to transfer from criminal proceedings).

(3) Proceedings arising under Subchapter E (relating to dispositions affecting other jurisdictions).

(4) Proceedings under the Interstate Compact on Juveniles, as set forth in section 731 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

(5) Proceedings in which a child is charged with a summary offense arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under this chapter. The summary offense shall be included in any petition regarding the accompanying delinquent act. Upon finding a child to have committed a summary offense, the court may utilize any disposition available to the minor judiciary where a child is found to have committed a summary offense, including a finding of guilt on the summary offense.

(b) Minor judiciary.--No child shall be detained, committed or sentenced to imprisonment by a magisterial district judge or a judge of the minor judiciary unless the child is charged with an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the definition of "delinquent act" in section 6302 (relating to definitions).

(c) Summary offenses generally.--In addition to the provisions of subsection (a)(5) and notwithstanding the exclusion of summary offenses generally from the definition of "delinquent act" under section 6302, the provisions of sections 6307 (relating to inspection of court files and records) and 6336(d) (relating to conduct of hearings), insofar as section 6336(d) relates to the exclusion of the general public from the proceedings, shall apply to proceedings involving a child charged with a summary offense when the proceedings are before a judge of the minor judiciary, the Philadelphia Municipal Court or a court of common pleas. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.983, No.9, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff.

60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 90 days; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days) 2014 Amendment. Act 138 amended subsec. (c). 2004 Amendment. Act 207 amended subsec. (b). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Suspension by Court Rule. Subsection (b) was suspended by Pennsylvania Rule of Juvenile Court Procedure No. 800(8), amended December 30, 2005, insofar as it is inconsistent with Rule 210 relating to arrest warrants. References in Text. Section 731 of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsec. (a), was repealed by the act of July 2, 2004, P.L.468, No.54. The subject matter is now contained in the Interstate Compact for Juveniles Act. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection

(a), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code. Cross References. Section 6303 is referred to in section 6336 of this title.
42 Pa.C.S. § 4583 — PA Code / Title 42 / Chapter 45 / Section 4583
Tampering with jurors.
Status: in_force

Any person who, having in any manner ascertained the names of persons drawn from the master list of prospective jurors or jury wheel, shall thereafter discuss with any prospective juror the facts or alleged facts of any particular suit or cause then listed for trial in the court for which the prospective juror has been summoned for jury service, with the intent to influence the juror in his service or in the consideration of the evidence in the matter, commits a misdemeanor of the second degree. The penalty provided in this section shall be in addition to the penalties now provided by law for bribery.
42 Pa.C.S. § 9775 — PA Code / Title 42 / Chapter 97 / Section 9775
Parole without board supervision.
Status: in_force

A sentencing court shall grant parole from a term of imprisonment for less than a maximum period of two years, and, together with all probations except probation as to which supervision is specially ordered by the court as provided for under section 9721 (relating to sentencing generally), parole shall be without supervision by the board. (Aug. 11, 2009, P.L.147, No.33, eff. 60 days) 2009 Amendment. Act 33 added section 9775.
42 Pa.C.S. § 1518 — PA Code / Title 42 / Chapter 15 / Section 1518
Philadelphia Municipal Court (Repealed).
Status: repealed

1987 Repeal. Section 1518 was repealed July 3, 1987, P.L.193, No.28, effective immediately.
42 Pa.C.S. § 5101.1 — PA Code / Title 42 / Chapter 51 / Section 5101.1
Venue in medical professional liability actions.
Status: in_force

(a) Declaration of policy.--In accordance with section 514(a) of the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, and as a matter of public policy, the General Assembly further declares the need to change the venue requirements for medical professional liability actions.

(b) General rule.--Notwithstanding any other provision to the contrary, a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in the county in which the cause of action arose.

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

"Birth center." An entity licensed as a birth center under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Health care provider." A primary health care center, a personal care home licensed by the Department of Public Welfare pursuant to the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or a person, including a corporation, university or other educational institution licensed or approved by the Commonwealth to provide health care or professional medical services as a physician, a certified nurse midwife, a podiatrist, hospital, nursing home, birth center, and an officer, employee or agent of any of them acting in the course and scope of employment.

"Hospital." An entity licensed as a hospital under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, or the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Medical professional liability action." Any proceeding in which a medical professional liability claim is asserted,

including an action in a court of law or an arbitration proceeding.

"Medical professional liability claim." Any claim seeking the recovery of damages or loss from a health care provider arising out of any tort or breach of contract causing injury or death resulting from the furnishing of health care services which were or should have been provided.

"Nursing home." An entity licensed as a nursing home under the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Primary health care center." A community-based nonprofit corporation meeting standards prescribed by the Department of Health which provides preventive, diagnostic, therapeutic and basic emergency health care by licensed practitioners who are employees of the corporation or under contract to the corporation. (Oct. 17, 2002, P.L.880, No.127, eff. 60 days; Dec. 9, 2002, P.L.1705, No.215, eff. 60 days) 2002 Amendments. Act 127 added section 5101.1 and Act 215 amended the def. of "health care provider" in subsec. (c). Section 5 of Act 127 provided that section 5101.1 shall apply to all medical professional liability actions filed on or after the effective date of section 5. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection

(c), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code. Cross References. Section 5101.1 is referred to in section 931 of this title.
42 Pa.C.S. § 4412 — PA Code / Title 42 / Chapter 44 / Section 4412
Appointment of interpreter.
Status: in_force

(a) Appointment of certified interpreter.--Upon request or sua sponte, if the presiding judicial officer determines that a principal party in interest or witness has a limited ability to speak or understand English, then a certified interpreter shall be appointed, unless the certified interpreter is unavailable as provided in subsection (b).

(b) Appointment of otherwise qualified interpreter.--

(1) An otherwise qualified interpreter shall be appointed by the presiding judicial officer if a good faith effort was made to obtain a certified interpreter and a certified interpreter was not reasonably available, as determined by the presiding judicial officer.

(2) Prior to the appointment of the otherwise qualified interpreter, the presiding judicial officer, pursuant to general rule, shall state on the record that a certified interpreter is not available and that the otherwise qualified interpreter:

(i) is readily able to interpret; and

(ii) has read, understands and agrees to abide by the code of professional conduct for court interpreters for persons with limited English proficiency, as established by the Court Administrator.

(c) Additional interpreter.--After consideration of the length of the judicial proceeding and the number of persons with limited English proficiency involved, the presiding judicial officer may appoint, as provided in subsections (a) and (b), an additional interpreter or provide for additional interpretation in a manner deemed appropriate by the presiding judicial officer.

(d) Immediate family.--The presiding judicial officer may appoint, as provided in subsections (a) and (b), an interpreter or provide for additional interpretation, as provided in subsection (c), for an immediate family member of a principal party in interest.
42 Pa.C.S. § 7321.7 — PA Code / Title 42 / Chapter 73 / Section 7321.7
Validity of agreement to arbitrate.
Status: in_force

(a) General rule.--An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

(b) Court decision.--The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(c) Arbitrator decision.--An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

(d) Challenge to arbitration.--If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

(e) Grounds for validity and enforceability.--

(1) Subject to paragraph (2), in determining the validity and enforceability of an agreement to arbitrate, a court may consider any grounds that exist at law or in equity for the revocation of a contract, regardless of whether arising out of Federal or State law or as a matter of public policy, that are applicable to other contracts, including fraud, duress, coercion, unconscionability or the imposition by a contract of adhesion of any requirement that unreasonably favors the party that imposed the provision.

(2) Paragraph (1) shall not apply in any manner prohibited by 9 U.S.C. (relating to arbitration) or other Federal law. Cross References. Section 7321.7 is referred to in sections 7321.5, 7342 of this title.
42 Pa.C.S. § 8340.14 — PA Code / Title 42 / Chapter 83 / Section 8340.14
Scope of subchapter.
Status: in_force

(a) Coverage.--Except as provided in subsection (b), this subchapter applies to a cause of action based on protected public expression.

(b) Exclusions.--This subchapter does not apply to any of the following claims asserted in a civil action:

(1) Against a government unit or an employee or agent of a government unit acting in an official capacity.

(2) By a government unit or an employee or agent of a government unit acting in an official capacity to enforce a law, regulation or ordinance.

(3) Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

(4) Seeking damages for bodily injury or death unless the claim:

(i) is for:

(A) defamation;

(B) publication of private facts;

(C) false light invasion of privacy;

(D) misappropriation of likeness; or

(E) intentional or negligent infliction of emotional distress; or

(ii) arises solely from a communication on a matter of public concern.

(5) Arising under any of the following:

(i) 23 Pa.C.S. Ch. 61 (relating to protection from abuse).

(ii)
42 Pa.C.S. § 702 — PA Code / Title 42 / Chapter 7 / Section 702
Interlocutory orders.
Status: in_force

(a) Appeals authorized by law.--An appeal authorized by law from an interlocutory order in a matter shall be taken to the appellate court having jurisdiction of final orders in such matter.

(b) Interlocutory appeals by permission.--When a court or other government unit, in making an interlocutory order in a matter in which its final order would be within the jurisdiction of an appellate court, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter, it shall so state in such order. The appellate court may thereupon, in its discretion, permit an appeal to be taken from such interlocutory order.

(c) Supersedeas.--Except as otherwise prescribed by general rules, a petition for permission to appeal under this section shall not stay the proceedings before the lower court or other government unit, unless the lower court or other government unit or the appellate court or a judge thereof shall so order. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsecs. (b) and (c). Cross References. Section 702 is referred to in sections 704, 5105, 5574, 8340.17 of this title.
42 Pa.C.S. § 9731 — PA Code / Title 42 / Chapter 97 / Section 9731
Requirement for presentence investigation and report.
Status: in_force

Before sentencing any defendant to one year or longer, a presentence investigation and report shall be made, unless the sentence is death or a mandatory sentence to life imprisonment, or unless the court specifically orders to the contrary. The report shall be made within 30 days from the date of conviction of defendant or within such greater period of time as the court shall direct. Suspension by Court Rule. Section 9731 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(6), adopted March 1, 2000, as being inconsistent with the rules of Chapter 7 relating to post-trial procedures in court cases.
42 Pa.C.S. § 9164 — PA Code / Title 42 / Chapter 91 / Section 9164
Bail.
Status: in_force

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of this Commonwealth, a judge or issuing authority in this Commonwealth may admit the person arrested to bail by bond with sufficient sureties and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond and for his surrender to be arrested upon the warrant of the county in which the offense was committed. Cross References. Section 9164 is referred to in section 9163 of this title.
42 Pa.C.S. § 8123 — PA Code / Title 42 / Chapter 81 / Section 8123
General monetary exemption.
Status: in_force

(a) General rule.--In addition to any other property specifically exempted by this subchapter, property of the judgment debtor (including bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor) to the value of $300 shall be exempt from attachment or execution on a judgment. Within such time as may be prescribed by general rules the judgment debtor may claim the exemption in kind and may designate the specific items of property to which the exemption provided by this section shall be applicable unless the designated property is not capable of appropriate division, or the judgment debtor may claim the exemption in cash out of the proceeds of the sale.

(b) Exception.--Subsection (a) shall not apply to any judgment:

(1) For support.

(2) Debtor who is not an individual.

(3) Obtained for board for four weeks or less.

(4) For $100 or less obtained for wages for manual labor.

(5) Obtained in foreclosing a mortgage secured upon real property whether the judgment is by an action in mortgage foreclosure or an action on a note, bond or other evidence of indebtedness accompanying a mortgage. The exception to the general monetary exemption provided for in this paragraph shall be limited to the real property secured by the mortgage. The exception shall not apply to any deficiency judgment.

(c) Executions issued by minor judiciary.--As to executions issued by the minor judiciary the amount of the exemption specified in subsection (a) shall be reduced by the value of any real or personal property of the judgment debtor which is generally subject to attachment or execution but which by law is not subject to attachments or executions issued by the minor judiciary.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 8, 1979, P.L.42, No.14, eff. imd.; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Amendment. Act 326 amended subsecs. (a) and (c). 1979 Amendment. Act 14 amended subsecs. (a) and (b). Section 2 of Act 14 provided that Act 14 shall be retroactive to June 27, 1978, and further provided that all amounts heretofore collected by officers enforcing orders under 42 Pa.C.S. § 8123 as purported monetary exemptions in mortgage foreclosure actions shall be refunded forthwith to the party entitled thereto. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(9), adopted April 20, 1998, provided that section 8123(b)(3) and (4) shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money. Cross References. Section 8123 is referred to in sections 3315, 4315, 5315 of Title 68 (Real and Personal Property).
42 Pa.C.S. § 2736 — PA Code / Title 42 / Chapter 27 / Section 2736
Matters or documents filed in the office of the prothonotary.
Status: in_force

All matters or documents required or authorized to be filed in the office of the clerk of the court of common pleas shall be filed in the office of the prothonotary except:

(1) Matters or documents specified in section 2756 (relating to matters or documents filed in the office of the clerk of the courts).

(2) Matters or documents specified in section 2776 (relating to matters or documents filed in the office of the clerk of the orphans' court division).
42 Pa.C.S. § 1903 — PA Code / Title 42 / Chapter 19 / Section 1903
Staff.
Status: in_force

The Supreme Court may appoint such subordinate administrators and staff as may be necessary and proper for the prompt and proper disposition of the business of all courts and magisterial district judges. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 9799.66 — PA Code / Title 42 / Chapter 97 / Section 9799.66
Immunity for good faith conduct.
Status: in_force

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

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

(2) District attorneys and their agents and employees.

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

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

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

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

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

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

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

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

(11) Members of the Sexual Offenders Assessment Board and its agents and employees.

(12) The unit owners' association of a common interest community and its agents and employees as it relates to distributing information regarding sexually violent predators obtained under section 9799.62(b)(1) (relating to other notification). (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended par. (6). 2018 Amendment. Act 29 reenacted section 9799.66.
42 Pa.C.S. § 3307 — PA Code / Title 42 / Chapter 33 / Section 3307
Automatic suspension of judicial officer under impeachment.
Status: in_force

No judge or magisterial district judge against whom impeachment proceedings are pending in the Senate shall exercise any of the duties of his office until he shall have been acquitted. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 9521 — PA Code / Title 42 / Chapter 95 / Section 9521
Defense-initiated victim or witness outreach.
Status: in_force

(a) Requirements.--A person who engages in defense-initiated victim or witness outreach shall:

(1) Communicate in an honest manner without deception or misrepresentation.

(2) Unambiguously provide the person's identity by name, the person's employer and, if applicable, the name of the defendant convicted of the crime.

(b) Definition.--As used in this section, the term "defense-initiated victim or witness outreach" means any effort by a criminal defendant's counsel to directly or indirectly contact a victim or witness or a parent, guardian or family member of a victim or witness on behalf of the criminal defendant or the criminal defendant's counsel through any of the following:

(1) A victim liaison.

(2) A victim outreach specialist.

(3) A social worker.

(4) An investigator.

(5) Any other individual designated by the criminal defendant or the criminal defendant's counsel.
42 Pa.C.S. § 5928 — PA Code / Title 42 / Chapter 59 / Section 5928
Confidential communications to attorney.
Status: in_force

In a civil matter counsel shall not be competent or permitted to testify to confidential communications made to him by his client, nor shall the client be compelled to disclose the same, unless in either case this privilege is waived upon the trial by the client. Cross References. Section 5928 is referred to in sections 4415, 4436, 5931 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure); section 6311.1 of Title 23 (Domestic Relations).
42 Pa.C.S. § 6382 — PA Code / Title 42 / Chapter 63 / Section 6382
Seclusion, exclusion and alternative methods of discipline.
Status: in_force

(a) Seclusion.--A pregnant or postpartum child may not be placed in seclusion in any facility in this Commonwealth.

(b) Alternative discipline.--Forms of discipline for a pregnant or postpartum child shall be limited to sanctions or other common forms of alternative discipline used in the United States.

(c) Exclusion.--A pregnant or postpartum child may be placed in exclusion only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum child, another child, staff or the unborn child of the pregnant child. The following apply:

(1) The decision to place a pregnant or postpartum child in exclusion under this subsection must be approved by the individual in charge of the facility.

(2) The rationale for the decision to use exclusion must be documented as required by section 6387 (relating to reports relating to pregnant or postpartum child).

(3) Periods of exclusion shall be in accordance with departmental regulations.

(d) Bed assignments.--The facility may not assign a pregnant child to any bed that is elevated more than three feet from the floor of the facility.
42 Pa.C.S. § 4124 — PA Code / Title 42 / Chapter 41 / Section 4124
Assignment of senior Philadelphia Municipal Court judges.
Status: in_force

A senior judge of the Philadelphia Municipal Court who has not been defeated for reelection or suspended or removed from office and who has served an aggregate of four years as an elected judge and who is required to retire at age 70 may, with his consent, be assigned on temporary judicial service to that court. (July 10, 1984, P.L.708, No.150, eff. imd.) 1984 Amendment. Act 150 added section 4124.
42 Pa.C.S. § 8340 — PA Code / Title 42 / Chapter 83 / Section 8340
Immunity of program administrators and supervisors.
Status: in_force

Any probation officer or agent of the Department of Corrections and any public service or charitable agency or organization or political subdivision, or any official or employee thereof, supervising or administering any restitution or community service program approved by the court of common pleas or the Department of Corrections shall be immune from any civil action for damages brought by or on behalf of any person involved in the program or damages caused by any person involved in the program. Nothing in this section shall be construed to

limit or otherwise affect or preclude liability resulting from gross negligence or intentional misconduct or reckless misconduct. (Feb. 12, 1992, P.L.1, No.1, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)