42 Pa.C.S. § 3704 — PA Code / Title 42 / Chapter 37 / Section 3704
Local facilities for holding sessions of Statewide courts.
Status: in_force

(a) General rule.--The City and County of Philadelphia and the County of Allegheny shall furnish the personnel of the appellate courts of this Commonwealth with such accommodations and facilities as may be required by order of the governing authority.

(b) Exception.--Subsection (a) shall not apply to any county in which the Pennsylvania Judicial Center may be located. Pennsylvania Judicial Center. Section 24(c) of Act 142 of 1976 provided that, for the purposes of section 3704(b), the Pennsylvania Judicial Center shall not be deemed to be located

in a county until the facilities specified in section 3704(a) are provided by the center.
42 Pa.C.S. § 6363 — PA Code / Title 42 / Chapter 63 / Section 6363
Ordering foreign supervision.
Status: in_force

(a) General rule.--Subject to the provisions of this chapter governing dispositions and to the extent that funds are available the court may place a child in the custody of a suitable person in another state. On obtaining the written consent of a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar law, which includes provisions corresponding to this section and section 6364 (relating to supervision under foreign order), the court of this Commonwealth may order that the child be placed under the supervision of a probation officer or other appropriate official designated by the accepting court. One certified copy of the order shall be sent to the accepting court and another filed with the clerk of the requesting court of this Commonwealth.

(b) Costs and expenses.--The reasonable cost of the supervision, including the expenses of necessary travel, shall

be borne initially by the county of the requesting court of this Commonwealth. Upon receiving a certified statement signed by the judge of the accepting court of the cost incurred by the supervision the court of this Commonwealth shall certify if it so appears that the sum so stated was reasonably incurred and file it with the county for payment. The county shall thereupon make payment of the sum approved to the appropriate officials of the county or parish of the accepting court. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b). Cross References. Section 6363 is referred to in sections 6351, 6352, 6364 of this title.
42 Pa.C.S. § 8339.1 — PA Code / Title 42 / Chapter 83 / Section 8339.1
Railroad civil immunity.
Status: in_force

(a) General rule.--A railroad carrier owes no duty of care to keep its railroad property safe for entry or use by any trespasser who enters upon any railroad property or railroad right-of-way or to give any warning to such trespasser entering or going on that railroad property of a dangerous condition, use or activity thereon. Except as set forth in subsection (b), a railroad carrier shall not:

(1) Be presumed to extend any assurance to a trespasser entering or going on railroad property without the railroad carrier's consent that the railroad property is safe for any purpose.

(2) Incur any duty of care toward a trespasser entering or going on railroad property without the railroad carrier's consent.

(3) Become liable for any injury to a trespasser entering or going on railroad property without the railroad carrier's consent caused by an act or omission of such trespasser.

(b) Limitation.--Nothing in this section limits in any way any liability which otherwise exists for willful or wanton failure to guard or warn against a dangerous condition, use or activity.

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

"Trespasser." A person who enters onto railroad property without any right, lawful authority or the express consent of the railroad. (July 15, 2004, P.L.691, No.74, eff. 60 days) 2004 Amendment. Act 74 added section 8339.1.
42 Pa.C.S. § 5539 — PA Code / Title 42 / Chapter 55 / Section 5539
Real estate appraisals.
Status: in_force

(a) General rule.--Except as provided under subsection (b), an action to recover damages against a real estate appraiser arising out of the appraiser's real estate appraisal activity shall be brought within five years after the date the appraisal was conducted.

(b) Exception.--An action to recover damages against a real estate appraiser under subsection (a) may be filed more than five years after the date the appraisal was conducted if:

(1) there is evidence of fraud or intentional misrepresentation on the part of the real estate appraiser; or

(2) the appraisal was performed for a consumer as part of the purchase or sale of single-family residential real property not involving a lender. (Dec. 22, 2021, P.L.452, No.93, eff. 60 days) 2021 Amendment. Act 93 added section 5539. Section 2 of Act 93 provided that the five-year period of repose under section 5539 shall not apply to a cause of action which has accrued on or before the effective date of section 2.
42 Pa.C.S. § 6306 — PA Code / Title 42 / Chapter 63 / Section 6306
Costs and expenses of care of child.
Status: in_force

The costs and expenses of the care of the child shall be paid as provided by sections 704.1 and 704.2 of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code." (Apr. 28, 1978, P.L.202, No.53) 1978 Amendment. Act 53 added present section 6306 and repealed former section 6306 relating to the same subject matter and provided that the amendment was effective January 1, 1978. References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in this section, was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
42 Pa.C.S. § 3561 — PA Code / Title 42 / Chapter 35 / Section 3561
Money paid into court.
Status: in_force

All money paid into court shall be held in the custody of such officer, shall be invested in such manner, and shall be withdrawn from deposit, as shall be prescribed by general rules. Any such investment, except as otherwise prescribed by or pursuant to general rules, shall be restricted to obligations of the United States or the United States Treasury, or of the Commonwealth. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 9799.11 — PA Code / Title 42 / Chapter 97 / Section 9799.11
Legislative findings, declaration of policy and scope.
Status: in_force

(a) Legislative findings.--The General Assembly finds as follows:

(1) In 1995 the General Assembly enacted the act of October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly referred to as Megan's Law. Through this enactment, the General Assembly intended to comply with legislation enacted by Congress requiring that states provide for the registration of sexual offenders. The Federal statute, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (Public Law 103-322, 42 U.S.C. 14071 et seq.), has been superseded by the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587).

(2) This Commonwealth's laws regarding registration of sexual offenders need to be strengthened. The Adam Walsh Child Protection and Safety Act of 2006 provides a mechanism for the Commonwealth to increase its regulation of sexual offenders in a manner which is nonpunitive but offers an increased measure of protection to the citizens of this Commonwealth.

(3) If the public is provided adequate notice and information about sexual offenders, the community can develop constructive plans to prepare for the presence of sexual offenders in the community. This allows communities to meet with law enforcement to prepare and obtain information about the rights and responsibilities of the community and to provide education and counseling to residents, particularly children.

(4) Sexual offenders pose a high risk of committing additional sexual offenses and protection of the public from this type of offender is a paramount governmental interest.

(5) Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government.

(6) Release of information about sexual offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.

(7) Knowledge of whether a person is a sexual offender could be a significant factor in protecting oneself and one's

family members, or those in care of a group or community organization, from recidivist acts by such offenders.

(8) The technology afforded by the Internet and other modern electronic communication methods makes this information readily accessible to parents, minors and private entities, enabling them to undertake appropriate remedial precautions to prevent or avoid placing potential victims at risk.

(b) Declaration of policy.--The General Assembly declares as follows:

(1) It is the intention of the General Assembly to substantially comply with the Adam Walsh Child Protection and Safety Act of 2006 and to further protect the safety and general welfare of the citizens of this Commonwealth by providing for increased regulation of sexual offenders, specifically as that regulation relates to registration of sexual offenders and community notification about sexual offenders.

(2) It is the policy of the Commonwealth to require the exchange of relevant information about sexual offenders among public agencies and officials and to authorize the release of necessary and relevant information about sexual offenders to members of the general public as a means of assuring public protection and shall not be construed as punitive.

(3) It is the intention of the General Assembly to address the Pennsylvania Supreme Court's decision in Commonwealth v. Neiman, No.74 MAP 2011 (Pa. 2013), by amending this subchapter in the act of March 14, 2014 (P.L.41, No.19).

(4) It is the intention of the General Assembly to address the Pennsylvania Supreme Court's decision in Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) and the Pennsylvania Superior Court's decision in Commonwealth v. Butler (2017 WL 4914155).

(c) Scope.--This subchapter shall apply to individuals who committed a sexually violent offense on or after December 20, 2012, for which the individual was convicted. (Dec. 20, 2011, P.L.446, No.111, eff. one year; 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.) 2021 Unconstitutionality. Section 9799.11 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.11 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

Amendments. Act 10 amended the section heading and added subsecs. (b)(4) and (c) and Act 29 reenacted the section heading and subsecs. (b)(4) and (c). Section 20(1) of Act 10 provided that the amendment of section 9799.11 shall apply to an individual who commits an offense on or after December 20, 2012. 2014 Amendment. Act 19 amended subsec. (b). 2011 Amendment. Act 111 added section 9799.11. References in Text. The citation, Commonwealth v. Butler, (2017 WL 4914155), referred to in subsec. (b)(4), was incorrectly cited as Commonwealth v. Butler (2017 WL 3882445) in Acts 10 and 29 of 2018. The parallel citation is Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017).
42 Pa.C.S. § 7502 — PA Code / Title 42 / Chapter 75 / Section 7502
Affidavit of noninvolvement.
Status: in_force

(a) Dismissal by affidavit.--In any action for negligence, any construction design professional who is retained to perform professional services on a construction project may have the action against such construction design professional dismissed upon the filing of an affidavit of noninvolvement.

(b) Tolling statute.--The filing of such affidavit shall have the effect of tolling the statute of limitations as to the affiant with respect to the claim at issue.

(c) Reinstatement.--If the court determines that the statements made in any affidavit filed under subsection (a) are inaccurate, the court shall immediately reinstate the action against the affiant. In any action where the affiant is found by the court to have knowingly filed a false affidavit, such conduct shall constitute just cause for the court to instruct the jury that it may award exemplary damages in relation to such conduct.

(d) Discovery.--In any action reinstated pursuant to subsection (c), or in any case where the construction design professional is later joined as a defendant, all discovery taken in such action prior to the reinstatement or joinder may be used for any purpose permissible under any statute or rule of court as if the reinstated or joined defendant had participated fully in the action from the date of filing.

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

"Affidavit of noninvolvement." A statement, in writing, setting forth with particularity facts which demonstrate that the construction design professional is misidentified or otherwise was not involved with regard to the cause of the injury or damage, individually or through its servants or employees, in the performance of professional services which forms the subject matter of the action, signed by the party making it, and sworn to or affirmed before an officer authorized by the laws of this Commonwealth to take acknowledgments of deeds or to administer oaths.

"Construction design professional."

(1) Any person who is an architect, professional engineer, landscape architect or land surveyor licensed by

the appropriate State board to practice such profession in this Commonwealth.

(2) Any corporation organized to render professional services through the practice of one or more of such professions in this Commonwealth.

(3) Any employee of such professional who is assisting or representing the professional in the performance of professional services on the site of the construction project. (June 30, 1988, P.L.464, No.79, eff. imd.) 1988 Amendment. Act 79 added section 7502.
42 Pa.C.S. § 5984.1 — PA Code / Title 42 / Chapter 59 / Section 5984.1
Recorded testimony.
Status: in_force

(a) Recording.--Subject to subsection (b), in any prosecution or adjudication involving a child victim or child

material witness, the court may order that the child victim's or child material witness's testimony be recorded for presentation in court by any method that accurately captures and preserves the visual images, oral communications and other information presented during such testimony. The testimony shall be taken under oath or affirmation before the court in chambers or in a special facility designed for taking the recorded testimony of children. Only the attorneys for the defendant and for the Commonwealth, persons necessary to operate the equipment, a qualified shorthand reporter and any person whose presence would contribute to the welfare and well-being of the child victim or child material witness, including persons designated under section 5983 (relating to rights and services), may be present in the room with the child during testimony. The court shall permit the defendant to observe and hear the testimony of the child victim or child material witness but shall ensure that the child victim or material witness cannot hear or see the defendant. Examination and cross-examination of the child victim or child material witness shall proceed in the same manner as normally permitted. The court shall make certain that the defendant and defense counsel have adequate opportunity to communicate for the purpose of providing an effective defense.

(b) Determination.--Before the court orders the child victim or the child material witness to testify by recorded testimony, the court must determine, based on evidence presented to it, that testifying either in an open forum in the presence and full view of the finder of fact or in the defendant's presence will result in the child victim or child material witness suffering serious emotional distress that would substantially impair the child victim's or child material witness's ability to reasonably communicate. In making this determination, the court may do any of the following:

(1) Observe and question the child victim or child material witness, either inside or outside the courtroom.

(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child victim or child material witness in a medical or therapeutic setting.

(c) Counsel and confrontation.--

(1) If the court observes or questions the child victim or child material witness under subsection (b)(1), the attorney for the defendant and the attorney for the Commonwealth have the right to be present, but the court shall not permit the defendant to be present.

(2) If the court hears testimony under subsection

(b)(2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.

(d) Effect of order.--(Deleted by amendment). (Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
42 Pa.C.S. § 1701 — PA Code / Title 42 / Chapter 17 / Section 1701
General supervisory and administrative authority of the Supreme Court.
Status: in_force

The Supreme Court shall exercise general supervisory and administrative authority over the unified judicial system and in aid thereof shall have the powers specified in Subchapter B (relating to specific powers of the governing authority of the system).
42 Pa.C.S. § 4401 — PA Code / Title 42 / Chapter 44 / Section 4401
Legislative findings and declaration.
Status: in_force

It is hereby declared to be the policy of this Commonwealth to secure the rights, constitutional and otherwise, of persons who because of a non-English speaking cultural background or who because of an impairment of hearing or speech are unable to understand or communicate adequately in the English language when they appear in court or are involved in judicial proceedings. It is the intent of this chapter to provide for the certification, appointment and use of interpreters to secure the rights of persons with limited English proficiency and persons who are deaf or hearing impaired in all judicial proceedings.
42 Pa.C.S. § 8564 — PA Code / Title 42 / Chapter 85 / Section 8564
Liability insurance and self-insurance.
Status: in_force

(a) Purchase of liability insurance.--A local agency may purchase insurance on itself or its employees for any liability arising from the performance of their duties within the scope of their employment.

(b) Employment of risk manager.--A local agency may employ a professional risk manager whose responsibility it shall be to administer a public liability insurance program for the local agency and initiate any risk management program for the local agency and its employees.

(c) Joint action by local agency.--Any two or more local agencies may join together, enter into any agreements or jointly contract for the development of a group risk management program either through the provisions of the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, or any other applicable statute. Any two or more local agencies may join together, enter into any agreements or jointly contract for the purchasing of public liability insurance. Any two or more local agencies may pool their public liability insurance risks through the provisions of the act of July 12, 1972 (P.L.762, No.180) or any other applicable statute.

(d) Insurance pooling and coinsurance.--The pooling of insurance risks, reserves, claims or losses shall not be construed to be transacting insurance nor otherwise subject local agencies to the provisions of statutes regulating insurance or insurance companies. Local agencies may be coinsured under a master policy and the total premium may be prorated among the local agencies. Any county may undertake a group risk management program or public liability insurance program on behalf of itself and any other local agencies covered by this subchapter within the county that wish to voluntarily participate in the programs.

(e) Self-insurance.--Any local agency may self-insure which must be funded on an annual basis by appropriations to establish a reserve for self-insurance purposes.

References in Text. The act of July 12, 1972, P.L.762, No.180, referred to as the Intergovernmental Cooperation Law, referred to in subsec. (c), was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter A of Chapter 23 of Title 53 (Municipalities Generally). Cross References. Section 8564 is referred to in sections 5602, 8002 of Title 53 (Municipalities Generally).
42 Pa.C.S. § 9134 — PA Code / Title 42 / Chapter 91 / Section 9134
Arrest prior to requisition.
Status: in_force

Whenever any person within this Commonwealth shall be charged on the oath of any credible person before any judge or issuing authority of this Commonwealth with the commission of any crime in any other state, and, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of crime) with having fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole, or whenever complaint shall have been made before any judge or issuing authority in this Commonwealth, setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under section 9127, has fled from justice or with having been convicted of a crime in that state and having escaped from confinement or having broken the terms of his bail, probation or parole and is believed to be in this Commonwealth, the judge or issuing authority shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein wherever he may be found in this Commonwealth and to bring him before the same or any other judge or issuing authority who or which may be available in, or convenient of, access to the place where the arrest may be made to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit

upon which the warrant is issued shall be attached to the warrant. Cross References. Section 9134 is referred to in section 9135 of this title.
42 Pa.C.S. § 5942 — PA Code / Title 42 / Chapter 59 / Section 5942
Confidential communications to news reporters.
Status: in_force

(a) General rule.--No person engaged on, connected with, or employed by any newspaper of general circulation or any press association or any radio or television station, or any magazine of general circulation, for the purpose of gathering, procuring, compiling, editing or publishing news, shall be required to disclose the source of any information procured or obtained by such person, in any legal proceeding, trial or investigation before any government unit.

(b) Exception.--The provisions of subsection (a) insofar as they relate to radio or television stations shall not apply unless the radio or television station maintains and keeps open for inspection, for a period of at least one year from the date of the actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual broadcast or telecast. Cross References. Section 5942 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 2774 — PA Code / Title 42 / Chapter 27 / Section 2774
Office of the clerk of the orphans' court division.
Status: in_force

(a) General rule.--There shall be an office of the clerk of the orphans' court division in each county of this

Commonwealth, which shall be supervised by the clerk of the orphans' court division of the county who shall, either personally, by deputy, or by other duly authorized employees or agents of the office, exercise the powers, and perform the duties by law vested in and imposed upon the clerk of the orphans' court division or the office of the clerk of the orphans' court division.

(b) Facilities and services.--The office of the clerk of the orphans' court division shall be provided with all necessary accommodations, goods and services pursuant to section 3722 (relating to general facilities and services furnished by county).
42 Pa.C.S. § 2502 — PA Code / Title 42 / Chapter 25 / Section 2502
Certain persons not to appear as counsel.
Status: in_force

(a) General rule.--Except as otherwise prescribed by general rule, an attorney at law who is an employee of a court shall not appear as counsel in such court. An attorney at law shall not appear in any court or in any matter in violation of any general rule relating to the practice of law or the conduct of courts, magisterial district judges and officers serving process or enforcing orders of courts.

(b) Law clerks.--Except as otherwise prescribed by general rules, a law clerk serving on the personal staff of a judge of a court of common pleas may appear in such court as an attorney at law before other judges of such court notwithstanding the provisions of subsection (a). (Apr. 6, 1980, P.L.100, No.38, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 9724 — PA Code / Title 42 / Chapter 97 / Section 9724
Partial confinement.
Status: in_force

If in the light of all the circumstances, and when facilities are available, probation would be inappropriate, but it further appears that a sentence of total confinement would not be required in accordance with the criteria established in section 9725 (relating to total confinement), the court may impose a sentence involving partial confinement. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) Cross References. Section 9724 is referred to in section 9802 of this title.
42 Pa.C.S. § 9801 — PA Code / Title 42 / Chapter 98 / Section 9801
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the County Intermediate Punishment Act.
42 Pa.C.S. § 8725 — PA Code / Title 42 / Chapter 87 / Section 8725
Penalties for improper disclosure.
Status: in_force

(a) Criminal penalties.--Any person who discloses any confidential information obtained under this subchapter other than as provided in section 8724 (relating to disclosure of confidential information) or otherwise authorized by law commits a felony of the third degree.

(b) Civil liability.--Any person who discloses any confidential information obtained under this subchapter other than as provided in section 8724 or otherwise authorized by law shall be liable to any person damaged thereby in an action for invasion of privacy for the following:

(1) Treble the actual damages proved.

(2) Reasonable attorney fees.

(c) Good faith reliance on a court order.--Good faith reliance on a court order entered under this subchapter shall be a complete defense to any criminal liability under subsection

(a) or civil liability under subsection (b).
42 Pa.C.S. § 5745 — PA Code / Title 42 / Chapter 57 / Section 5745
Suspension or nonrenewal of license for unpaid bail forfeitures.
Status: in_force

(a) General rule.--If the court of common pleas for the county where the bail bondsman is authorized to conduct business has been unable to collect unpaid forfeitures after a period of six months or if a penalty is warranted under section 5750(c) (relating to third-party sureties), the court, upon petition of the county solicitor or district attorney, shall issue an order directing the department to:

(1) prohibit the renewal of a license of the bail bondsman; or

(2) immediately suspend the license of the bail bondsman.

(b) Notice to bail bondsman and insurer.--Prior to the issuance of an order to suspend or nonrenew a license, the bail bondsman and insurer who issued the qualifying power of attorney shall both be given advance notice by certified mail, return receipt requested. The notice shall specify all of the following:

(1) The amount of forfeitures and penalties under section 5750(c)(2)(i), if applicable.

(2) How, when and where the notice can be contested.

(3) That the grounds for contesting the notice shall be limited to mistakes of fact. Mistakes of fact shall be limited to errors in the amount of forfeitures owed or mistaken identity of the bail bondsman as the person who was subject to the bail forfeiture order.

(4) That an order to the department to automatically suspend or nonrenew the license will occur in all cases 30 days after delivery of the notice by certified mail, return receipt requested, unless the amount of forfeitures and penalties, providing the basis for issuance of the order, is paid, a periodic payment schedule is approved by the court or the individual is excused from payment due to a mistake of fact.

(c) Order.--The following shall apply:

(1) Thirty days after the issuance of the notice, if the bail bondsman has not paid the amount of forfeitures and penalties, the court shall direct or cause an order to be issued to the department to suspend or deny renewal of a license. Upon receipt, the department shall immediately comply with the order or directive. The department shall

have no authority to stay implementation of the order or to hold a hearing except in cases of mistaken identity. A copy of the order issued by the court shall be served upon the bail bondsman and insurer by certified mail, return receipt requested.

(2) To contest an order, the bail bondsman or insurer must appear before the court no later than ten days after issuance of the order. The grounds for contesting shall be limited to mistakes of fact. If it is determined, after a hearing by the court, that a mistake of fact has occurred, the action shall be modified accordingly within ten days.

(3) A person whose license has been suspended or not renewed by the department pursuant to this section is prohibited from engaging in the business of a bail bondsman in any county in this Commonwealth.

(d) Implementation.--The department may promulgate regulations necessary for the administration of this section.

(e) Construction.--This section shall apply in addition to the provisions of Article VI-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921, and shall supersede any conflicting provision in any other state law unless the provision specifically references this section and provides to the contrary.

(f) Immunity.--The court, department, county solicitor, district attorney or an employee of any of these entities, or any person appointed by these entities, shall not be subject to civil or criminal liability for carrying out its duties under this section. (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. Cross References. Section 5745 is referred to in section 5750 of this title.
42 Pa.C.S. § 5917 — PA Code / Title 42 / Chapter 59 / Section 5917
Notes of evidence at former trial.
Status: in_force

Whenever any person has been examined as a witness, either for the Commonwealth or for the defense, in any criminal proceeding conducted in or before a court of record, and the defendant has been present and has had an opportunity to examine or cross-examine, if such witness afterwards dies, or is out of the jurisdiction so that he cannot be effectively served with a subpoena, or if he cannot be found, or if he becomes incompetent to testify for any legally sufficient reason properly proven, notes of his examination shall be competent evidence upon a subsequent trial of the same criminal issue. For the purpose of contradicting a witness the testimony given by him in another or in a former proceeding may be orally proved.
42 Pa.C.S. § 67A01 — PA Code / Title 42 / Chapter 67 / Section 67A01
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:

"Confidential information." Any of the following:

(1) The identity of a confidential source.

(2) The identity of a suspect or witness to whom confidentiality has been assured.

(3) Information made confidential by law or court order.

"Information pertaining to an investigation." An audio recording or video recording which contains any of the following:

(1) Complaints or depictions of criminal conduct, including all actions or statements made before or after the criminal conduct that are part of or relate to the same incident or occurrence.

(2) Upon disclosure, information that would:

(i) reveal the institution, progress or result of a criminal investigation;

(ii) deprive an individual of the right to a fair trial or an impartial adjudication;

(iii) impair the ability of the Attorney General, a district attorney or a law enforcement officer to locate a defendant or codefendant;

(iv) hinder the ability of the Attorney General, a district attorney or a law enforcement officer to secure an arrest, prosecution or conviction; or

(v) endanger the life or physical safety of an individual.

(3) Upon disclosure, information that would:

(i) Reveal the institution, progress or result of an agency investigation.

(ii) Deprive a person of the right to an impartial administrative adjudication.

(iii) Constitute an unwarranted invasion of privacy.

(iv) Hinder an agency's ability to secure an administrative or civil sanction.

(v) Endanger the life or physical safety of an individual.

"Law enforcement agency." The Office of Attorney General, a district attorney's office or an agency that employs a law enforcement officer.

"Law enforcement officer." Any of the following:

(1) A member of the Pennsylvania State Police.

(2) An individual employed as a police officer who holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

(3) An agent of the Office of Attorney General as described under paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions).

(4) A sheriff or a deputy sheriff.

(5) Waterways conservation officers or deputy waterways conservation officers as the terms are defined under 30 Pa.C.S. § 102 (relating to definitions).

(6) An officer as defined under 34 Pa.C.S. § 102 (relating to definitions).

(7) An individual employed by the Department of Conservation and Natural Resources who is vested with powers of arrest under section 302(c) or 303(a)(7) of the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act.

(8) An agent as defined in 61 Pa.C.S. § 6101 (relating to definitions).

(9) An individual employed by the Department of Corrections Bureau of Investigations and Intelligence holding a police officer commission under the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups."

"Victim." An individual who was subjected to an act that was committed by another individual, including a juvenile, which constitutes any of the following:

(1) An offense committed under any of the following:

(i) The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(ii) 18 Pa.C.S. (relating to crimes and offenses).

(iii) 30 Pa.C.S. § 5502 (relating to operating watercraft under influence of alcohol or controlled substance).

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

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

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

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

(viii) 75 Pa.C.S. § 3742 (relating to accidents involving death or personal injury).

(ix) 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs).

(x) Any other Federal or State law.

(2) An offense similar to an offense listed under paragraph (1) committed outside of this Commonwealth.

(3) An offense which would constitute grounds for the issuance of relief under Chapter 62A (relating to protection

of victims of sexual violence or intimidation) or 23 Pa.C.S. Ch. 61 (relating to protection from abuse).

(4) An offense against a resident of this Commonwealth which is an act of international terrorism.

"Victim information." Information that would disclose the identity or jeopardize the safety of a victim. (Nov. 3, 2022, P.L.1788, No.121, eff. imd.; Nov. 24, 2025, P.L.326, No.53, eff. 60 days) 2025 Amendment. Act 53 amended the def. of "law enforcement officer." See section 8 of Act 53 in the appendix to this title for special provisions relating to allocation of money. 2022 Amendment. See section 4 of Act 121 in the appendix to this title for special provisions relating to law enforcement certification.
42 Pa.C.S. § 5978 — PA Code / Title 42 / Chapter 59 / Section 5978
Compliance.
Status: in_force

The court in this Commonwealth may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
42 Pa.C.S. § 9914 — PA Code / Title 42 / Chapter 99 / Section 9914
Meetings.
Status: in_force

Notwithstanding section 6.1(h)(5) of the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, in lieu of requiring an offender who has been released on probation to appear in person at a meeting, a probation officer may utilize technology portals. (July 7, 2022, P.L.492, No.46, eff. 60 days) 2022 Amendment. Act 46 added section 9914. APPENDIX TO TITLE 42 JUDICIARY AND JUDICIAL PROCEDURE ------- Supplementary Provisions of Amendatory Statutes ------- 1976, JULY 9, P.L.586, NO.142 § 8. Pending actions and proceedings.

(a) Jurisdiction of court continued.--Except as otherwise provided in this section, no appeal or other matter pending in any court on the effective date of this act shall be affected

by the provisions of this act changing the jurisdiction of courts, and all such matters shall proceed to a final determination in such court, which court shall have continuing jurisdiction over such matter, including jurisdiction on remand following any appellate review of any order entered in such matter, whether such appellate review was had before or after the effective date of this act.

(b) Transfer of jurisdiction by consent.--A court vested with continuing jurisdiction over a pending matter under subsection (a) may at any time, with the consent of the transferee court, transfer jurisdiction of such matter to the court which would have been vested with jurisdiction of such matter if the action or proceeding had been commenced in or the appeal had been taken to such transferee court after the effective date of this act. Such transfers shall be effected with due regard for the interests of justice and the convenience of the parties. In every such case the clerk of the transferor court shall transfer to the custody of the clerk of the transferee court all dockets, records, pleadings and other papers, or certified copies thereof, relating to the matter so transferred. § 9. Philadelphia Municipal Court.

(a) President judge.--(Repealed).

(b) Temporary assignment of judges.--The President Judge of the Court of Common Pleas of Philadelphia County may assign temporarily judges of the municipal court to the Court of Common Pleas of Philadelphia County when required to expedite the business of the court.

(c) Limitation on powers of certain judges.--(Repealed). (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Repeal. Act 326 repealed subsec. (b) in part. The repealed provisions have been deleted from the text. 1980 Repeal. Act 142 repealed subsecs. (a) and (c). § 10. Concurrent jurisdiction of Court of Common Pleas of Philadelphia County. The Court of Common Pleas of Philadelphia County shall have concurrent jurisdiction over the matters specified in 42 Pa.C.S. § 1123(a)(2) (relating to jurisdiction and venue) and the assignment of cases between the two courts shall be determined by rule prescribed by the President Judge of the Court of Common Pleas of Philadelphia County. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Repeal. Act 326 repealed section 10 in part. The repealed provisions have been deleted from the text. § 11. Loan Interest and Protection Law. Nothing in 42 Pa.C.S. § 1722(b) (relating to enforcement and effect of orders and process) or in any other provision of this act shall in any way repeal, modify or otherwise affect the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law. § 12. Allegheny County appointments. Notwithstanding the provisions of 42 Pa.C.S. § 2301(a)(1) (relating to appointment of personnel), until otherwise provided or prescribed by law (and subject to the provisions of 42

Pa.C.S. § 2301(c)) the President Judge of the Court of Common Pleas of Allegheny County shall:

(1) Appoint necessary personal staff of the judges of such court upon the designation of the appointee by the affected judge.

(2) Appoint necessary personal staff of district justices elected or appointed to magisterial districts established within Allegheny County upon the designation of the appointee by the affected district justice. References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
42 Pa.C.S. § 7320 — PA Code / Title 42 / Chapter 73 / Section 7320
Appeals from court orders.
Status: in_force

(a) General rule.--An appeal may be taken from:

(1) A court order denying an application to compel arbitration made under section 7304 (relating to proceedings to compel or stay arbitration).

(2) A court order granting an application to stay arbitration made under section 7304(b).

(3) A court order confirming or denying confirmation of an award.

(4) A court order modifying or correcting an award.

(5) A court order vacating an award without directing a rehearing.

(6) A final judgment or decree of a court entered pursuant to the provisions of this subchapter.

(b) Procedure.--The appeal shall be taken in the manner, within the time and to the same extent as an appeal from a final order of court in a civil action.
42 Pa.C.S. § 8368.2 — PA Code / Title 42 / Chapter 83 / Section 8368.2
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:

"Asbestos claim." A claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos, including property damage caused by the installation, presence or removal of asbestos, the health effects of exposure to asbestos, including a claim for personal injury, death, mental or emotional injury, risk of disease or other injury or the costs of medical monitoring or surveillance. The term includes a claim made by or on behalf of any person exposed to asbestos or a representative, spouse, parent, child or other relative of that individual.

"Asbestos-related liability." Any liability, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated or due or to become due or related in any way to an asbestos claim.

"Business entity." A for-profit corporation, limited liability company, partnership, limited liability partnership or Subchapter S corporation formed or organized under the laws of this Commonwealth or another jurisdiction.

"Successor asbestos-related liability." Any asbestos-related liability that was assumed or incurred by a business entity as a result or in connection with a merger or consolidation, or a

plan of merger or consolidation related thereto, with or into another business entity formed or organized under the laws of this Commonwealth or another jurisdiction or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the business entity prior to the merger or consolidation. The term shall include liabilities which, after the time of the merger or consolidation with a transferor for which the fair market value of the total gross assets of the successor business entity are determined under section 8368.4 (relating to fair market value), were paid, committed to be paid or discharged by or on behalf of the business entity, successor business entity or transferor in connection with a settlement, judgment or discharge in this Commonwealth or another jurisdiction.

"Successor business entity." Any of the following:

(1) A business entity that has merged or consolidated with a transferor prior to January 1, 1972, and that has assumed or incurred successor asbestos-related liabilities.

(2) A business entity that is a successor of a business entity that has merged or consolidated with a transferor prior to January 1, 1972, and that has assumed or incurred successor asbestos-related liabilities.

"Transferor." A business entity from which successor asbestos-related liabilities are or were assumed or incurred.
42 Pa.C.S. § 8953.1 — PA Code / Title 42 / Chapter 89 / Section 8953.1
Nonmunicipal police extraterritorial jurisdiction.
Status: in_force

(a) Power and authority.--In addition to a power and authority vested by law, a nonmunicipal police officer who is within this Commonwealth, but beyond the territorial limit of the jurisdiction established for the officer's nonmunicipal police department by law, shall have the power and authority to enforce the laws of this Commonwealth or to perform a function of a municipal police officer in the following circumstances:

(1) If the officer is in hot pursuit of a person for an offense which was committed, or which the officer has probable cause to believe was committed, within the officer's jurisdiction and for which the officer continues in fresh pursuit of the person after the commission of the offense.

(2) If the officer:

(i) has been requested to immediately 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 officer's nonmunicipal police department.

(3) If, while on official business, the officer views an offense and makes a reasonable effort to identify himself or herself as a police officer and the offense is:

(i) A felony.

(ii) A misdemeanor.

(iii) A breach of the peace or other act that presents an immediate clear and present danger to a person or property.

(4) If the officer views an offense that is a felony and makes a reasonable effort to identify himself or herself as a police officer.

(b) Applicability.--A nonmunicipal police officer acting in accordance with the authority granted under this section shall be subject to section 8953(b), (c) and (d) (relating to Statewide municipal police jurisdiction) to the same extent as would a municipal police officer. (June 28, 2018, P.L.415, No.57, eff. 60 days; July 2, 2019, P.L.375, No.58, eff. imd.)

2019 Amendment. Act 58 amended subsec. (a)(2). See sections 4 and 5 of Act 58 in the appendix to this title for special provisions relating to applicability and General Assembly. 2018 Amendment. Act 57 added section 8953.1.
42 Pa.C.S. § 4434 — PA Code / Title 42 / Chapter 44 / Section 4434
Interrogation.
Status: in_force

Upon the arrest of any person who is deaf and prior to interrogation, the arresting officer shall make available to the person who is deaf an interpreter who shall be present with the person who is deaf throughout the interrogation.
42 Pa.C.S. § 2394 — PA Code / Title 42 / Chapter 23 / Section 2394
Sick leave and annual leave.
Status: in_force

(a) Accrued sick leave and annual leave to be transferred.--Subject to the provisions of subsection (b), sick leave and annual leave accrued by a transferred administrator prior to the date of transfer shall be transferred based upon the accrued sick leave and annual leave balances credited to the transferred administrator by the employing county as of the day immediately preceding the transferred administrator's date of transfer.

(b) Accrued sick leave and annual leave to be credited.--Credit for the sick leave and annual leave transferred under subsection (a) shall not exceed the maximum amount permitted for sick leave and annual leave carryover leave allowances from calendar year to calendar year by State judicial personnel policies in effect on the date of transfer. Accrued sick leave or annual leave transferred under this section shall be used by the transferred administrator only as a credit toward sick leave or annual leave, as the case may be, to be taken in the future. The sick leave or annual leave credited under this subsection shall not, at the time of transfer, be reimbursed to the transferred administrator in the form of a lump sum payout or other leave payout or in any other form which may be permitted by the personnel policies of the employing county in effect on the day immediately preceding the date of transfer. In the event a transferred administrator has accrued leave that is eligible for transfer and that under the employing county's personnel policies in effect on the day immediately preceding the date of transfer could be used by the transferred administrator as either sick leave or annual leave, such leave shall be credited to the transferred administrator with one-half of the leave designated as sick leave and one-half of the leave designated as annual leave.

(c) Excess leave.--Credit for accrued sick leave or annual leave which exceeds the maximum allowed by subsection (b) shall be subject to leave policies in effect in the employing county on the day immediately preceding the date of transfer. Any lump sum payments or other sick leave payments or annual leave payments made pursuant to this subsection are and shall remain the financial responsibility of the employing county. Cross References. Section 2394 is referred to in sections 2395, 2396, 2397 of this title.
42 Pa.C.S. § 8523 — PA Code / Title 42 / Chapter 85 / Section 8523
Venue and process.
Status: in_force

(a) Venue.--Actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which

the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. If venue is obtained in the Twelfth Judicial District (Dauphin County) solely because the principal office of the Commonwealth party is located within it, any judge of the Court of Common Pleas of Dauphin County shall have the power to transfer the action to any appropriate county where venue would otherwise lie.

(b) Process.--Service of process in the case of an action against the Commonwealth shall be made at the principal or local office of the Commonwealth agency that is being sued and at the office of the Attorney General. Cross References. Section 8523 is referred to in sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).
42 Pa.C.S. § 5979 — PA Code / Title 42 / Chapter 59 / Section 5979
Exemption from arrest and service of process.
Status: in_force

If a witness from another state comes into or passes through this Commonwealth under an order directing him to attend and testify in this or another state, he shall not, while in this Commonwealth pursuant to the order, be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this Commonwealth under the order.
42 Pa.C.S. § 9808 — PA Code / Title 42 / Chapter 98 / Section 9808
Funding and audits.
Status: in_force

(a) Eligibility.--Subject to the availability of funding, counties with approved plans shall be eligible for direct funding determined by the commission to support the cost of intermediate punishment programs. This chapter shall not be construed to prohibit the use of Federal funds.

(b) Audit.--Annual reports and all financial records shall be subject to annual audit by the Auditor General. Cross References. Section 9808 is referred to in section 9807 of this title.
42 Pa.C.S. § 6207 — PA Code / Title 42 / Chapter 62 / Section 6207
Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
42 Pa.C.S. § 4581 — PA Code / Title 42 / Chapter 45 / Section 4581
Interfering with selection of jurors.
Status: in_force

(a) Commission members and employees.--Any member of the jury selection commission or any employee, clerk, investigator or assistant in the employ of the commission, who shall violate any of the provisions of this chapter for the purpose of unlawfully procuring the selection or nonselection of any person for jury service commits a misdemeanor of the second degree and upon conviction thereof shall be forthwith removed from his office or employment and in addition thereto shall be ineligible to hold any public office or employment under the laws of this Commonwealth. In the case of the judicial member of the commission, such member shall be disqualified to hold his position on the commission and the matter shall be referred to the Judicial Conduct Board.

(b) Other persons.--Any person other than the persons described in subsection (a), who undertakes or offers by illegal means to influence the selection or excusing of any person from jury service or who gives money or anything of value to any person for the purpose of effecting the impartial selection of jurors or to procure exemption from jury service or who solicits, demands or receives money or anything of value or the promise thereof from any person for the purpose of in any manner affecting the selection or exemption of any persons from jury service or performs any of these acts for the purpose of enabling himself or another to evade jury service, commits a misdemeanor of the second degree. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993) 1993 Amendment. Act 56 amended subsec. (a).
42 Pa.C.S. § 7380 — PA Code / Title 42 / Chapter 73 / Section 7380
Party participation.
Status: in_force

(a) Representation.--A party may:

(1) be represented in an arbitration by counsel;

(2) be accompanied by an individual who will not be called as a witness or act as an advocate; and

(3) participate in the arbitration to the full extent permitted under sections 7321.16 (relating to arbitration process) and 7383 (relating to powers and duties of arbitrator).

(b) Ex-parte communications.--A party or representative of a party may not communicate ex parte with the arbitrator except

to the extent allowed in a family law proceeding for communication with a judge.
42 Pa.C.S. § 3581 — PA Code / Title 42 / Chapter 35 / Section 3581
Judicial salaries (Repealed).
Status: repealed

1995 Repeal. Section 3581 was repealed October 19, 1995, P.L.324, No.51, effective November 1, 1995.
42 Pa.C.S. § 5975 — PA Code / Title 42 / Chapter 59 / Section 5975
Court order.
Status: in_force

(a) General rule.--If at the hearing the court determines:

(1) that the witness may be material and necessary;

(2) that his attending and testifying are not adverse to the interests of this Commonwealth or to the health or legal rights of the witness;

(3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and

(4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass; the court shall issue an order as provided in subsection (b).

(b) Contents of order.--The order issued under subsection

(a) shall have a copy of the certificate attached and shall contain language:

(1) directing the witness to attend and testify;

(2) directing the person having custody of the witness to produce him in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order; and

(3) prescribing such conditions as the court shall determine.
42 Pa.C.S. § 6602 — PA Code / Title 42 / Chapter 66 / Section 6602
Prisoner filing fees.
Status: in_force

(a) Prisoner filing requirements.--

(1) A prisoner seeking to bring prison conditions litigation without the prepayment of fees or security due to indigency must submit a request to the court to proceed without the prepayment of fees. The request must include a

certified copy of the prisoner's prison account statement, which shall be provided by the prison, for the six-month period immediately preceding the filing of the complaint or notice of appeal. The request shall include a statement of any other assets of the prisoner.

(2) The court shall deny in forma pauperis status to any prisoner where:

(i) the request is not accompanied by a certified copy as provided in paragraph (1);

(ii) the average monthly deposits or average highest monthly balance for the six-month period preceding the filing of the action exceeds the amount of the filing fee; or

(iii) other grounds exist for the denial of in forma pauperis status pursuant to the Pennsylvania Rules of Civil Procedure.

(b) Partial filing fees.--

(1) The court may grant in forma pauperis status to excuse the prisoner from paying the full filing fee prior to the initiation of the action or appeal. Where in forma pauperis status is granted, the court shall order the prisoner to pay the full amount of the filing fee and shall assess and, when funds exist, collect a full or partial payment of the filing fee which shall be the greater of the following:

(i) The average monthly deposits to the prisoner's account.

(ii) The average highest monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the complaint or notice of appeal requiring the payment of a fee.

(2) The court shall send a copy of the assessment order to the prisoner, the parties to the action and the prison having custody of the prisoner. The court may also direct upon condition of maintaining the action that the prisoner make a written request to the prison officials to deduct payments required by the court.

(3) The court may modify the assessment order for cause.

(c) Payment of filing fees.--Following payment of an initial partial filing fee, the prisoner shall make monthly payments of 20% of the preceding month's income credited to the prisoner's account. The prison having custody of the prisoner shall deduct payments from the prisoner's account when the prisoner's account balance exceeds $10 until the filing fees are paid in full. The prison shall forward to the prothonotary the deducted payments upon deduction, on a monthly basis, or upon complete payment of the full filing fee if the court so directs. The Department of Corrections and county prison systems shall develop written guidelines regarding the priority of payment, which shall be consistent with law.

(d) Implementation of filing fee assessments.--

(1) A prisoner shall not be prohibited from filing prison conditions litigation because the prisoner has no assets or other means to pay the filing fee. This paragraph shall not prevent the court from dismissing or otherwise disposing of prison conditions litigation pursuant to this chapter or any other provision of law.

(2) No sooner than 60 days after notice of the denial in forma pauperis status or the assessment of partial filing fees, the prothonotary shall enter a judgment of non pros in the action or strike the appeal if the fees remain unpaid.

The action or appeal may be reinstated by the court for good cause shown.

(e) Dismissal of litigation.--Notwithstanding any filing fee which has been paid, the court shall dismiss prison conditions litigation at any time, including prior to service on the defendant, if the court determines any of the following:

(1) The allegation of indigency is untrue.

(2) The prison conditions litigation is frivolous or malicious or fails to state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude the relief. The court may reinstate the prison conditions litigation where the dismissal is based upon an untrue allegation of indigency and the prisoner establishes to the satisfaction of the court that the untrue information was not known to the prisoner.

(f) Abusive litigation.--If the prisoner has previously filed prison conditions litigation and:

(1) three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2); or

(2) the prisoner has previously filed prison conditions litigation against a person named as a defendant in the instant action or a person serving in the same official capacity as a named defendant and a court made a finding that the prior action was filed in bad faith or that the prisoner knowingly presented false evidence or testimony at a hearing or trial; the court may dismiss the action. The court shall not, however, dismiss a request for preliminary injunctive relief or a temporary restraining order which makes a credible allegation that the prisoner is in imminent danger of serious bodily injury. Cross References. Section 6602 is referred to in section 9728 of this title.
42 Pa.C.S. § 5914 — PA Code / Title 42 / Chapter 59 / Section 5914
Confidential communications between spouses.
Status: in_force

Except as otherwise provided in this subchapter, in a criminal proceeding neither husband nor wife shall be competent or permitted to testify to confidential communications made by one to the other, unless this privilege is waived upon the trial. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 8103 — PA Code / Title 42 / Chapter 81 / Section 8103
Deficiency judgments.
Status: in_force

(a) General rule.--Whenever any real property is sold, directly or indirectly, to the judgment creditor in execution proceedings and the price for which such property has been sold is not sufficient to satisfy the amount of the judgment, interest and costs and the judgment creditor seeks to collect the balance due on said judgment, interest and costs, the judgment creditor shall petition the court to fix the fair market value of the real property sold. The petition shall be filed as a supplementary proceeding in the matter in which the judgment was entered. If the judgment was transferred from the county in which it was entered to the county where the execution sale was held, the judgment shall be deemed entered in the county in which the sale took place.

(b) Effect of failure to give notice.--Any debtor and any owner of the property affected thereby, who is neither named in the petition nor served with a copy thereof or notice of the filing thereof as prescribed by general rule, shall be deemed to be discharged from all personal liability to the judgment creditor on the debt, interest and costs, but any such failure to name such person in the petition or to serve the petition or notice of the filing thereof shall not prevent proceedings against any respondent named and served.

(c) Action on petition.--

(1) If no answer is filed within the time prescribed by general rule, or if an answer is filed which does not

controvert the allegation of the fair market value of the property as averred in the petition, the court shall determine and fix as the fair market value of the property sold the amount thereof alleged in the petition to be the fair market value.

(2) If an answer is filed controverting the averment in the petition as to the fair market value of the property, but no testimony is produced at the hearing supporting such denial of the fair market value, the court shall determine and fix as the fair market value of the property sold the amount thereof alleged in the petition to be the fair market value.

(3) If an answer is filed alleging as the fair market value an amount in excess of the fair market value of the property as averred in the petition, the judgment creditor may agree to accept as the fair market value of the property the value set up in the answer and in such case may file a stipulation releasing the debtors and the owners of the property affected thereby, from personal liability to the judgment creditor to the extent of the fair market value as averred in the answer, less the amount of any prior liens, costs, taxes and municipal claims not discharged by the sale, and also less the amount of any such items paid at distribution on the sale.

(4) If an answer is filed and testimony produced setting forth that the fair market value of the property is more than the value stated in the petition, the court shall hear evidence of and determine and fix the fair market value of the property sold.

(5) After the hearing, if any, and the determination by the court under paragraph (1), (2) or (4) of the fair market value of the property sold, then, except as otherwise provided in subsection (f), the debtor shall be released and discharged of such liability to the judgment creditor to the extent of the fair market value of said property determined by the court, less the amount of all prior liens, costs, taxes and municipal claims not discharged by the sale, and also less the amount of any such items paid at the distribution on the sale, and shall also be released and discharged of such liability to the extent of any amount by which the sale price, less such prior liens, costs, taxes and municipal claims, exceeds the fair market value as agreed to by the judgment creditor or fixed and determined by the court as provided in this subsection, and thereupon the judgment creditor may proceed by appropriate proceedings to collect the balance of the debt.

(d) Action in absence of petition.--If the judgment creditor shall fail to present a petition to fix the fair market value of the real property sold within the time after the sale of such real property provided by section 5522 (relating to six months limitation), the debtor, obligor, guarantor or any other person liable directly or indirectly to the judgment creditor for the payment of the debt, or any person interested in any real estate which would, except for the provisions of this section, be bound by the judgment, may file a petition, as a supplementary proceeding in the matter in which the judgment was entered, in the court having jurisdiction, setting forth the fact of the sale, and that no petition has been filed within the time limited by section 5522 to fix the fair market value of the property sold, whereupon the court, after notice as prescribed by general rule, and being satisfied of such facts,

shall direct the clerk to mark the judgment satisfied, released and discharged.

(e) Waiver of benefit of section prohibited.--Any agreement made by any debtor at any time, either before or after or at the time of incurring any obligation, to waive the benefits of this section or to release any obligee from compliance with the provisions hereof shall be void.

(f) Certain special allocations.--Notwithstanding the provisions of subsection (c)(5), if the judgment creditor is a nonconsumer judgment creditor and:

(1) if the judgment has been entered with respect to a partial recourse obligation, the fair market value of the property determined as provided in subsection (c) will be applied first to discharge, as provided in subsection (c)(5), all liability for the nonrecourse portion of the obligation before any portion of such value is applied to discharge any liability for the recourse portion of the obligation; and

(2) if the judgment has been entered with respect to an obligation of which only a portion is guaranteed, the fair market value of the property determined as provided in subsection (c) will be applied first to discharge, as provided in subsection (c), all liability for the portion of the obligation which is not guaranteed before any portion of such value is applied to discharge any liability for the portion of such obligation which is guaranteed.

(f.1) Collateral located in more than one county.--

(1) If the real property collateral is located in more than one county in this Commonwealth, a judgment creditor may elect not to file a valuation petition in the court in each of such counties as provided under subsection (a) and shall not be subject to the penalties for failure to file the petition under subsection (d) if the judgment creditor is a nonconsumer judgment creditor and the provisions of paragraphs (2) and (3) are satisfied.

(2) The judgment creditor shall petition the deficiency court to determine and fix the fair market value of all of the real property collateral as provided under subsection

(c)(1), (2), (3) and (4). The value shall be determined on a parcel-by-parcel basis, and the amount so fixed for each parcel comprising the real property collateral shall be the fair market value for the parcel for all purposes under this subsection unless redetermined as provided in paragraph (4).

(3) The determination of the fair market value of the real property collateral by the deficiency court as provided in paragraph (2) shall be made before an execution sale is held with respect to any of the real property collateral.

(4)

(i) If the execution sale of a parcel of real property is concluded and the judgment creditor is the purchaser of the parcel at the sale, then either the judgment creditor or the debtor may file a petition with the deficiency court seeking a redetermination of the fair market value of the parcel provided the petition is filed within the six-month period established under section 5522(b)(6).

(ii) If the petition is filed in a timely manner, the deficiency court shall redetermine the fair market value of the parcel in the manner provided in subsection

(c)(1), (2), (3) and (4). The redetermined value shall be the fair market value of the parcel for all purposes under this subsection.

(iii) The filing of the petition for the redetermination shall not limit or affect the judgment

creditor's ability to execute on the real property collateral unless and until the value is redetermined by the court. However, where the debtor alleges in its petition that an appropriate redetermination of value by the court with respect to property that has already been sold to the judgment creditor at an execution sale would be sufficient to satisfy the judgment in full, the deficiency court may issue a stay of further execution proceedings pending the court's ruling on the petition for redetermination of value.

(5) In cases subject to this subsection, the debtor shall be released and discharged from liability for the payment of the debt in the manner provided in subsection

(c)(5) to the extent of:

(i) the fair market value determined by the deficiency court of all real property collateral purchased by the judgment creditor in execution proceedings on the judgment less the deductible items described in subsection (c)(5); and

(ii) the amount distributed to the judgment creditor as a result of the sale of the real property collateral purchased in the proceedings by third parties.

(f.2) Foreign collateral.--

(1) No deficiency court shall have the power to fix the fair market value of real property located outside this Commonwealth and may not take into account the value of that property in considering whether or not a deficiency exists under this section.

(2) This section shall not apply to the sale of any real property located outside this Commonwealth.

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

"Adjusted value." The assessed value of a parcel of real property collateral determined for real estate tax purposes times the applicable common level ratio factor published by the State Tax Equalization Board.

"Consumer credit transaction." A credit transaction in which the party to whom credit is offered or extended is a natural person and the money, property or services which are the subject of the transaction are primarily for personal, family or household purposes.

"Debtor." A debtor, obligor, guarantor, surety and any other person liable directly or indirectly to a judgment creditor for the payment of a debt.

"Deficiency court." With respect to cases covered by subsection (f.1), the court of common pleas located in the county where the highest adjusted value land is located.

"Highest adjusted value land." The real property collateral located in a county that has a higher aggregate adjusted value than real property collateral located in any other county.

"Judgment." The judgment which was enforced by the execution proceedings referred to in subsection (a), whether that judgment is a judgment in personam such as a judgment requiring the payment of money or a judgment de terris or in rem such as a judgment entered in an action of mortgage foreclosure or a judgment entered in an action or proceeding upon a mechanic's lien, a municipal claim, a tax lien or a charge on land.

"Judgment creditor." The holder of the judgment which was enforced by the execution proceedings.

"Nonconsumer judgment creditor." Any judgment creditor except a judgment creditor whose judgment was entered with respect to a consumer credit transaction.

"Nonrecourse portion of the obligation." The portion as to which the judgment creditor's recourse is limited to the mortgaged property or other specified assets of the debtor which are less than all of such assets.

"Partial recourse obligation." An obligation which includes both a nonrecourse portion and a recourse portion.

"Real property collateral." All of the real property subject to a lien securing the obligation evidenced by the judgment and located within this Commonwealth.

"Recourse portion of the obligation." All of the obligation except the nonrecourse portion thereof.

"Valuation petition." A petition to fix the fair market value of real property sold as required by subsection (a). (Dec. 21, 1998, P.L.1082, No.144, eff. imd.; Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Mar. 14, 2014, P.L.46, No.20, eff. imd.) 2014 Amendment. Act 20 reenacted subsecs. (a), (b), (c)(3) and (5), (e), (f.1), (f.2) and (g), retroactive to January 24, 2005. 2013 Unconstitutionality. Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014. Cross References. Section 8103 is referred to in section 5522 of this title.
42 Pa.C.S. § 9799.14 — PA Code / Title 42 / Chapter 97 / Section 9799.14
Sexual offenses and tier system.
Status: in_force

(a) Tier system established.--Sexual offenses shall be classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses and Tier III sexual offenses.

(b) Tier I sexual offenses.--The following offenses, or an attempt, conspiracy or solicitation to commit any of the following offenses, shall be classified as Tier I sexual offenses:

(1) 18 Pa.C.S. § 2902(b) (relating to unlawful restraint).

(2) 18 Pa.C.S. § 2903(b) (relating to false imprisonment).

(3) 18 Pa.C.S. § 2904 (relating to interference with custody of children), except in cases where the defendant is the child's parent, guardian or other lawful custodian.

(4) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).

(4.1) 18 Pa.C.S. § 3011(a)(1) and (2) (relating to trafficking in individuals).

(4.2) 18 Pa.C.S. § 3013 (relating to patronizing a victim of sexual servitude).

(5) 18 Pa.C.S. § 3124.2(a) and (a.4)(1) (relating to institutional sexual assault).

(6) 18 Pa.C.S. § 3126(a)(1) (relating to indecent assault).

(7) (Reserved).

(8) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors).

(9) 18 Pa.C.S. § 6312(d) (relating to sexual abuse of children).

(10) 18 Pa.C.S. § 7507.1. (relating to invasion of privacy).

(11) 18 U.S.C. § 1801 (relating to video voyeurism).

(12) 18 U.S.C. § 2252(a)(4) (relating to certain activities relating to material involving the sexual exploitation of minors).

(13) 18 U.S.C. § 2252A (relating to certain activities relating to material constituting or containing child pornography).

(14) 18 U.S.C. § 2252B (relating to misleading domain names on the Internet).

(15) 18 U.S.C. § 2252C (relating to misleading words or digital images on the Internet).

(16) 18 U.S.C. § 2422(a) (relating to coercion and enticement).

(17) 18 U.S.C. § 2423(b) (relating to transportation of minors).

(18) 18 U.S.C. § 2423(c).

(19) 18 U.S.C. § 2424 (relating to filing factual statement about alien individual).

(20) 18 U.S.C. § 2425 (relating to use of interstate facilities to transmit information about a minor).

(21) A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.

(22) (Deleted by amendment).

(23) A conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country.

(c) Tier II sexual offenses.--The following offenses, or an attempt, conspiracy or solicitation to commit any of the following offenses, shall be classified as Tier II sexual offenses:

(1) 18 Pa.C.S. § 3011(b).

(1.1) 18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual assault).

(1.2) 18 Pa.C.S. § 3124.2(a.2) and (a.3).

(1.3) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or

(8).

(1.4) 18 Pa.C.S. § 3012 (relating to involuntary servitude) as it relates to sexual servitude.

(1.5) 18 Pa.C.S. § 3124.3 (relating to sexual assault by sports official, volunteer or employee of nonprofit association).

(2) 18 Pa.C.S. § 5902(b.1) (relating to prostitution and related offenses).

(3) 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or

(6) (relating to obscene and other sexual materials and performances).

(4) 18 Pa.C.S. § 6312(b) and (c).

(5) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).

(6) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

(7) 18 U.S.C. § 1591 (relating to sex trafficking of children by force, fraud, or coercion).

(8) 18 U.S.C. § 2243 (relating to sexual abuse of a minor or ward).

(9) 18 U.S.C. § 2244 (relating to abusive sexual contact) where the victim is 13 years of age or older but under 18 years of age.

(10) 18 U.S.C. § 2251 (relating to sexual exploitation of children).

(11) 18 U.S.C. § 2251A (relating to selling or buying of children).

(12) 18 U.S.C. § 2252(a)(1), (2) or (3).

(13) 18 U.S.C. § 2260 (relating to production of sexually explicit depictions of a minor for importation into the United States).

(14) 18 U.S.C. § 2421 (relating to transportation generally).

(15) 18 U.S.C. § 2422(b).

(16) 18 U.S.C. § 2423(a).

(17) A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.

(18) (Deleted by amendment).

(d) Tier III sexual offenses.--The following offenses, or an attempt, conspiracy or solicitation to commit any of the following offenses, shall be classified as Tier III sexual offenses:

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

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

(3) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual assault).

(4) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

(5) 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(6) 18 Pa.C.S. § 3124.2(a.1) and (a.4)(2).

(7) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(8) 18 Pa.C.S. § 3126(a)(7).

(9) 18 Pa.C.S. § 4302(b) (relating to incest).

(10) 18 U.S.C. § 2241 (relating to aggravated sexual abuse).

(11) 18 U.S.C. § 2242 (relating to sexual abuse).

(12) 18 U.S.C. § 2244 where the victim is under 13 years of age.

(13) A comparable military offense or similar offense under the laws of another jurisdiction or country or under a former law of this Commonwealth.

(14) (Deleted by amendment).

(15) (Reserved).

(16) Two or more convictions of offenses listed as Tier I or Tier II sexual offenses.

(17) One conviction of a sexually violent offense and one conviction of a sexually violent offense as defined in section 9799.55 (relating to registration). (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.; July 2, 2014, P.L.945, No.105, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; July 23, 2020, P.L.641, No.63, eff. 60 days; Nov. 3, 2022, P.L.2066, No.144, eff. 60 days; May 8, 2024, P.L.360, No.16, eff. imd.; June 30, 2025, P.L.75, No.22, eff. imd.) 2025 Amendment. Act 22 added subsec. (c)(1.5). 2024 Amendment. Act 16 amended subsecs. (b), (c) and (d). 2021 Unconstitutionality. Section 9799.14 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.14 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Section 20(1) of Act 10 provided that the amendment of section 9799.14 shall apply to an individual who commits an offense on or after December 20, 2012. 2011 Amendment. Act 111 added section 9799.14. Cross References. Section 9799.14 is referred to in sections 9718.2, 9718.5, 9799.12, 9799.13, 9799.15 of this title; sections 9122.1, 9122.3 of Title 18 (Crimes and Offenses); sections 57A12, 57B02 of Title 53 (Municipalities Generally); section 2604.1 of Title 66 (Public Utilities).
42 Pa.C.S. § 9544 — PA Code / Title 42 / Chapter 95 / Section 9544
Previous litigation and waiver.
Status: in_force

(a) Previous litigation.--For purposes of this subchapter, an issue has been previously litigated if:

(1) (Deleted by amendment).

(2) the highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue; or

(3) it has been raised and decided in a proceeding collaterally attacking the conviction or sentence.

(b) Issues waived.--For purposes of this subchapter, an issue is waived if the petitioner could have raised it but failed to do so before trial, at trial, during unitary review, on appeal or in a prior state postconviction proceeding. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days)

Suspension by Court Order. Subsec. (b) was suspended August 11, 1997, S.Ct. Order, insofar as it references "unitary review."
42 Pa.C.S. § 1125 — PA Code / Title 42 / Chapter 11 / Section 1125
Substitute arraignment court magistrates.
Status: in_force

The President Judge of the Philadelphia Municipal Court may appoint qualified attorneys who are court employees to act as substitute arraignment court magistrates during an emergency upon a written finding by the president judge that an emergency exists. (Apr. 13, 1988, P.L.336, No.47, eff. imd.; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98.
42 Pa.C.S. § 8338 — PA Code / Title 42 / Chapter 83 / Section 8338
Liability for damages from donated food and grocery products.
Status: in_force

(a) General rule.--A person is not subject to civil or criminal liability arising from the nature, age, packaging or condition of apparently wholesome food or of grocery products apparently fit for household consumption or use that the person donated in good faith to a nonprofit organization for ultimate free distribution to needy individuals. This section does not apply to an injury or death of the ultimate users or recipients of the food or grocery products that results from an act or omission of the donor constituting gross negligence, recklessness or intentional misconduct.

(b) Recklessness, gross negligence or intentional misconduct.--A person who permits gleaning on property owned or occupied by him is not subject to civil or criminal liability that arises due to the injury or death of any individual involved in the collection or gleaning of donations, unless the injury or death results from an act or omission of said person constituting gross negligence, recklessness or intentional misconduct.

(c) Nonliability.--This section does not create any liability.

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

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

"Glean." To harvest for ultimate free distribution to needy individuals an agricultural crop that has been donated by any person.

"Grocery products." Any nonfood grocery products, including, but not limited to, disposable paper and plastic products, household cleaning products, bottled water, laundry detergents and cleaning products and miscellaneous household items.

"Nonprofit organization." An incorporated or unincorporated organization that has been incorporated or established and is operating for religious, charitable or education purposes and that does not distribute any of its income to its members, directors or officers.

"Person." Any individual, corporation, partnership, organization, association or government entity, including, but not limited to, retail grocers, wholesalers, manufacturers,

restaurants, caterers, farmers, nonprofit food distributors and hospitals. In the case of a corporation, partnership, organization, association or governmental entity, the term also includes, but is not limited to, the officers, directors, partners, deacons, trustees, council members or other elected or appointed individuals responsible for the governance of such entity. (Apr. 5, 1990, P.L.113, No.27, eff. 60 days) 1990 Amendment. Act 27 added section 8338.
42 Pa.C.S. § 2155 — PA Code / Title 42 / Chapter 21 / Section 2155
Publication of guidelines for sentencing, resentencing and parole, risk assessment instrument and recommitment ranges following revocation.
Status: in_force

(a) General rule.--The commission shall:

(1) Prior to adoption, publish in the Pennsylvania Bulletin all proposed sentencing guidelines, resentencing guidelines following revocation of probation, guidelines for restrictive conditions of probation, parole guidelines, risk assessment instrument and recommitment ranges following revocation by the board of paroles granted, and hold public hearings not earlier than 30 days and not later than 60 days thereafter to afford an opportunity for the following persons and organizations to testify:

(i) Pennsylvania District Attorneys Association.

(ii) Chiefs of Police Associations.

(iii) Fraternal Order of Police.

(iv) Public Defenders Organization.

(v) Law school faculty members.

(vi) Pennsylvania Parole Board.

(vii) Department of Corrections.

(viii) Pennsylvania Bar Association.

(ix) Pennsylvania Wardens Association.

(x) Pennsylvania Association on Probation, Parole and Corrections.

(xi) Pennsylvania Conference of State Trial Judges.

(xii) Any other interested person or organization.

(2) Publish in the Pennsylvania Bulletin sentencing guidelines, resentencing guidelines following revocation of probation, county intermediate punishment and State intermediate punishment, parole guidelines, risk assessment instrument and recommitment ranges following revocation by the board of paroles granted as adopted by the commission.

(b) Rejection by General Assembly.--Subject to gubernatorial review pursuant to section 9 of Article III of the Constitution of Pennsylvania, the General Assembly may by concurrent resolution reject in their entirety any guidelines, risk assessment instrument or recommitment ranges adopted by the commission within 90 days of their publication in the Pennsylvania Bulletin pursuant to subsection (a)(2).

(c) Effective date.--

(1) Sentencing guidelines, resentencing guidelines following revocation of probation, county intermediate punishment and State intermediate punishment, parole guidelines, risk assessment instrument and recommitment ranges following revocation by the board of paroles granted, adopted by the commission shall become effective 90 days after publication in the Pennsylvania Bulletin pursuant to subsection (a)(2) unless disapproved pursuant to subsection

(b) and shall apply to sentences and resentences and parole decisions made after the effective date of the guidelines.

(2) If not disapproved, the commission shall conduct training and orientation for trial court judges and board members prior to the effective date of the guidelines, risk assessment instrument and recommitment ranges. (July 10, 1980, P.L.513, No.106, eff. imd.; Mar. 22, 1988, P.L.240, No.26, eff. imd.; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (a)(1) intro. par. and (vi). 1988 Amendment. See section 2 of Act 26 in the appendix to this title for special provisions relating to legislative review of sentencing guidelines. Cross References. Section 2155 is referred to in section 9721 of this title.
42 Pa.C.S. § 8528 — PA Code / Title 42 / Chapter 85 / Section 8528
Limitations on damages.
Status: in_force

(a) General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.

(b) Amount recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000 in favor of any plaintiff or $1,000,000 in the aggregate.

(c) Types of damages recoverable.--Damages shall be recoverable only for:

(1) Past and future loss of earnings and earning capacity.

(2) Pain and suffering.

(3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.

(4) Loss of consortium.

(5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to exceptions to sovereign immunity).

(d) Exclusions.--This section shall not apply to damages awarded under section 8522(b)(10). (Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment. Act 87 amended subsec. (c)(5) and added subsec. (d). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. Cross References. Section 8528 is referred to in section 8522 of this title; sections 17312, 17342 of Title 16 (Counties); section 1711 of Title 74 (Transportation).
42 Pa.C.S. § 9799.28 — PA Code / Title 42 / Chapter 97 / Section 9799.28
Public Internet website.
Status: in_force

(a) Information to be made available through Internet.--The Pennsylvania State Police shall, in the manner and form directed by the Governor:

(1) Develop and maintain a system for making information about individuals convicted of a sexually violent offense, sexually violent predators and sexually violent delinquent children publicly available by electronic means via an Internet website. In order to fulfill its duties under this section, the Pennsylvania State Police shall ensure that the Internet website:

(i) Contains a feature to permit a member of the public to obtain relevant information for an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child by a query of the Internet website based on search criteria including searches for any given zip code or geographic radius set by the user.

(ii) Contains a feature to allow a member of the public to receive electronic notification when an individual convicted of a sexually violent offense, sexually violent predator or sexually violent delinquent child provides information under section 9799.15(g)(2),

(3) or (4) (relating to period of registration). This feature shall also allow a member of the public to receive electronic notification when the individual convicted of a sexually violent offense, sexually violent predator or sexually violent delinquent child moves into or out of a geographic area chosen by the user.

(iii) Includes in its design all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Internet Website. The Pennsylvania State Police shall ensure that the website is able to participate in the Dru Sjodin National Sex Offender Public Internet Website as the United States Attorney General may direct.

(iv) Is updated within three business days with the information required.

(2) Include on the Internet website the following:

(i) Instructions on how to seek correction of information that an individual contends is erroneous.

(ii) A warning that the information on the Internet website should not be used to unlawfully injure, harass or commit a crime against an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child and that any such action could result in criminal or civil penalties.

(3) Include on the Internet website an explanation of its limitations, including statements advising that:

(i) A positive identification of an individual convicted of a sexually violent offense, sexually violent predator or sexually violent delinquent child may be confirmed only by fingerprints.

(ii) Some information contained on the Internet website may be outdated or inaccurate.

(iii) The Internet website is not a comprehensive listing of every person who has ever committed a sexual offense in Pennsylvania.

(4) Strive to ensure that the information contained on the Internet website is accurate and that the data therein is revised and updated as provided in paragraph (1)(iv).

(5) Provide on the Internet website general information designed to inform and educate the public about sexual

offenders and the operation of this subchapter as well as pertinent and appropriate information concerning crime prevention and personal safety, with appropriate links to other relevant Internet websites operated by the Commonwealth.

(b) Required information.--Notwithstanding Chapter 63 (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the Internet website shall contain the following information regarding an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child:

(1) Name and aliases.

(2) Year of birth.

(3) Street address, municipality, county, State and zip code of residences and intended residences. In the case of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child who fails to establish a residence and is therefore a transient, the Internet website shall contain information about the transient's temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. In addition, the Internet website shall contain a list of places the transient eats, frequents and engages in leisure activities.

(4) Street address, municipality, county, State and zip code of any location at which an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is enrolled as a student.

(5) Street address, municipality, county, State and zip code of a fixed location where an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is employed. If an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is not employed at a fixed address, the information shall include general areas of work.

(6) Current facial photograph of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child. This paragraph requires, if available, the last eight facial photographs taken of the individual and the date each photograph was entered into the registry.

(7) Physical description of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child.

(8) License plate number and a description of a vehicle owned or operated by an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child.

(9) Offense for which an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is registered under this subchapter and other sexually violent offenses for which the individual was convicted.

(10) A statement whether an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is in compliance with registration.

(11) A statement whether the victim is a minor.

(12) Date on which the individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is made active within the

registry and date when the individual most recently updated registration information.

(13) Indication as to whether the individual is a sexually violent predator, sexually violent delinquent child or convicted of a Tier I, Tier II or Tier III sexual offense.

(14) If applicable, indication that an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is incarcerated or committed or is a transient.

(c) Prohibited information.--The public Internet website established under this section shall not contain:

(1) The identity of any victim.

(2) The Social Security number of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child.

(3) Any information relating to arrests of an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child that did not result in conviction.

(4) Travel and immigration document numbers.

(d) (Reserved).

(e) Duration of posting.--The information listed in subsection (b) shall be made available on the Internet website unless an individual convicted of a sexually violent offense, a sexually violent predator or a sexually violent delinquent child is deceased or is no longer required to register under this subchapter. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012) 2021 Unconstitutionality. Section 9799.28 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.28 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

Amendment . Act 91 amended subsecs. (a)(1)(i) and

(ii), (b)(3), (4), (5), (6) and (9) and (e) and added subsec.

(b)(12), (13) and (14). 2011 Amendment. Act 111 added section 9799.28. See section 17(1)(i) of Act 111 in the appendix to this title for special provisions relating to applicability.
42 Pa.C.S. § 8553 — PA Code / Title 42 / Chapter 85 / Section 8553
Limitations on damages.
Status: in_force

(a) General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section.

(b) Amounts recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $500,000 in the aggregate.

(c) Types of losses recognized.--Damages shall be recoverable only for:

(1) Past and future loss of earnings and earning capacity.

(2) Pain and suffering in the following instances:

(i) death; or

(ii) only in cases of permanent loss of a bodily function, permanent disfigurement or permanent dismemberment where the medical and dental expenses referred to in paragraph (3) are in excess of $1,500.

(3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing, and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant.

(4) Loss of consortium.

(5) Loss of support.

(6) Property losses.

(d) Insurance benefits.--If a claimant receives or is entitled to receive benefits under a policy of insurance other than a life insurance policy as a result of losses for which damages are recoverable under subsection (c), the amount of such benefits shall be deducted from the amount of damages which would otherwise be recoverable by such claimant.

(e) Exclusions.--This section shall not apply to damages awarded under section 8542(b)(9) (relating to exceptions to governmental immunity). (Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment. Act 87 added subsec. (e). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. JUDGMENTS
42 Pa.C.S. § 9101 — PA Code / Title 42 / Chapter 91 / Section 9101
Agreement on detainers.
Status: in_force

The Agreement on Detainers is hereby enacted into law and entered into by this Commonwealth with all other jurisdictions legally joining therein in the form substantially as follows: Agreement on Detainers The contracting states solemnly agree that:
42 Pa.C.S. § 21 — PA Code / Title 42 / Chapter 21 / Section 21
Applicability.
Status: in_force

This act shall apply as follows:

(1) The reenactment or amendment of 18 Pa.C.S. § 4915.1 and 42 Pa.C.S. Ch. 97 Subch. H shall apply to an individual who commits an offense on or after December 20, 2012.

(2) The reenactment or amendment of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S. Ch. 97 Subch. I shall apply to:

(i) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration as set forth in 42 Pa.C.S. § 9799.55 has not expired.

(ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).

(iii) Before or after February 21, 2018, an individual who:

(A) commits an offense subject to 42 Pa.C.S. Ch. 97 Subch. H; but

(B) because of a judicial determination on or after February 21, 2018 of the invalidity of 42 Pa.C.S. Ch. 97 Subch. H, is not subject to registration as a sexual offender. Explanatory Note. Act 29 reenacted or amended sections 3130, 3141, 4915.1 and 4915.2 of Title 18, reenacted sections 2511, 6303, 6338.1 and 6707 of Title 23, and reenacted or amended sections 9718.1, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.19, 9799.23, 9799.25, 9799.26, 9799.31, 9799.32, 9799.34, 9799.36, 9799.38, 9799.39, 9799.42 and Subchapter I of Chapter 97 of Title 42. 2018, JUNE 28, P.L.381, NO.55 § 1. Preamble. The General Assembly finds and declares that the Unified Judicial System will benefit from:

(1) extensive revision of statutory arbitration; and

(2) establishment of a collaborative law process. Explanatory Note. Act 55 amended or added Subchapter A.1 of Chapter 73, sections 7341 and 7342 and Chapter 74 of Title 42. 2018, JUNE 28, P.L.402, NO.56 Preamble The General Assembly finds and declares as follows:

(1) Individuals with charges not leading to convictions may be inherently harmed by the maintenance of that record and have a constitutional presumption of innocence.

(2) Individuals convicted of crimes in this Commonwealth should serve their sentences as ordered by the courts of this Commonwealth.

(3) After less violent individuals convicted of crimes have served their sentences and remained crime free long enough to demonstrate rehabilitation, the individuals' access to employment, housing, education and other necessities of life should be fully restored.

(4) Criminal justice agencies need access to all criminal history record information in order to effectively carry out the agencies' duties to protect the public.

(5) The Commonwealth shall provide a clean slate remedy, as set forth under this act, to:

(i) Create a strong incentive for avoidance of recidivism by offenders.

(ii) Provide hope for the alleviation of the hardships of having a criminal record by offenders who are trying to rehabilitate themselves.

(iii) Save the Commonwealth money that must be spent in the administration of criminal justice when offenders recidivate.

(iv) Ensure appropriate access to criminal history information by criminal justice agencies.

(6) The clean slate remedy should be implemented without cost to the former offender of filing a petition with a court. Explanatory Note. Act 56 amended or added sections 9121, 9122.1, 9122.2, 9122.3, 9122.4, 9122.5, 9122.6 of Title 18 and sections 6307, 6308 of Title 42. 2018, OCTOBER 24, P.L.896, NO.147 Preamble The General Assembly finds and declares as follows:

(1) Postconviction DNA testing has exonerated wrongfully convicted individuals and identified real perpetrators of crimes.

(2) To the extent possible, DNA testing of evidence before trial is encouraged to help prevent wrongful convictions and to lead to earlier detection and conviction of actual perpetrators. Explanatory Note. Act 147 amended section 9543.1 of Title 42 and amended or added sections 2302, 2303, 2311, 2312, 2313, 2314, 2315, 2316, 2316.1, 2317, 2318, 2319 and 2321 of Title 44. 2019, JULY 2, P.L.375, NO.58 § 4. Applicability. The addition or amendment of the following shall apply retroactively to law enforcement conduct on or after June 15, 1982:

(1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)(2) and 8953.2(a)(1).

(2) The addition of 42 Pa.C.S. § 8955. Explanatory Note. Act 58 amended or added sections 6105 and 6111 of Title 18 and sections 8953, 8953.1, 8953.2 and 8955 of Title 42. § 5. General Assembly. The General Assembly declares that the addition or amendment of the following are intended to reverse the Pennsylvania Supreme Court's interpretation of 42 Pa.C.S. Ch. 89 Subch. D, as set forth in Commonwealth v. Hlubin 2019 WL 2324272 (Pa. 2019):

(1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)(2) and 8953.2(a)(1).

(2) The addition of 42 Pa.C.S. § 8955. 2019, NOVEMBER 26, P.L.641, NO.87
42 Pa.C.S. § 8341 — PA Code / Title 42 / Chapter 83 / Section 8341
Single publication limitation.
Status: in_force

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

(b) General rule.--No person shall have more than one cause of action for damages for libel or slander, or invasion of privacy, or any other tort founded upon any single publication, or exhibition, or utterance, such as any one edition of a newspaper, or book, or magazine, or any one presentation to an audience, or any one broadcast over radio or television, or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions.

(c) Bar by judgment.--A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication, or exhibition, or utterance, as described in subsection (b), shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication, or exhibition, or utterance.
42 Pa.C.S. § 3332 — PA Code / Title 42 / Chapter 33 / Section 3332
Investigation and hearing.
Status: in_force

Investigation and hearing shall be governed by section 18 of Article V of the Constitution of Pennsylvania. (July 2, 1993, P.L.395, No.56, eff. Aug. 16, 1993)
42 Pa.C.S. § 5945 — PA Code / Title 42 / Chapter 59 / Section 5945
Confidential communications to school personnel.
Status: in_force

(a) General rule.--No guidance counselor, school nurse, school psychologist, or home and school visitor in the public schools or in private or parochial schools or other educational institutions providing elementary or secondary education, including any clerical worker of such schools and institutions, who, while in the course of his professional or clerical duties for a guidance counselor, home and school visitor, school nurse or school psychologist, has acquired information from a student in confidence shall be compelled or allowed:

(1) without the consent of the student, if the student is 18 years of age or over; or

(2) without the consent of his parent or guardian, if the student is under the age of 18 years; to disclose such information in any legal proceeding, trial, or investigation before any government unit.

(b) Exemption.--Notwithstanding subsection (a), no such person shall be excused or prevented from complying with 23 Pa.C.S. Ch. 63 (relating to child protective services). (Dec. 19, 1990, P.L.1240, No.206, eff. 90 days) Cross References. Section 5945 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
42 Pa.C.S. § 1511 — PA Code / Title 42 / Chapter 15 / Section 1511
Magisterial district judges.
Status: in_force

There shall be one magisterial district judge in each magisterial district. (Aug. 11, 2009, P.L.147, No.33, eff. 60 days)
42 Pa.C.S. § 9799 — PA Code / Title 42 / Chapter 97 / Section 9799
Immunity for good faith conduct (Expired).
Status: reserved

2012 Expiration. Section 9799 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. § 1726.2 — PA Code / Title 42 / Chapter 17 / Section 1726.2
Criminal prosecutions involving domestic violence.
Status: in_force

(a) General rule.--In any criminal prosecution of an offense related to an incident involving domestic violence, of any type or grade, whether the charges were filed by private criminal complaint, by the police or by the district attorney, no fees, costs or fines associated with the filing of the criminal charges, the issuance or service of a warrant, protection order or subpoena and other generated costs shall be charged to the victim.

(b) Definition.--For purposes of this section, an offense related to an incident involving domestic violence shall be defined as any of the offenses or crimes set forth in Title 18 (relating to crimes and offenses), where the alleged perpetrator and victim have one of the relationships set forth in the definition of "family or household member" in 23 Pa.C.S. § 6102 (relating to definitions) or are persons who reside or resided temporarily or permanently in the same dwelling. (Sept. 26, 1995, 1st Sp.Sess., P.L.1056, No.20, eff. 60 days) 1995 Amendment. Act 20, 1st Sp.Sess., added section 1726.2.
42 Pa.C.S. § 9799.19 — PA Code / Title 42 / Chapter 97 / Section 9799.19
Initial registration.
Status: in_force

(a) General rule.--An individual set forth in section 9799.13 (relating to applicability) shall initially register with the Pennsylvania State Police as set forth in this section.

(b) Initial registration if incarcerated within Commonwealth or by Federal Court on effective date of section.--(Deleted by amendment).

(b.1) Initial registration if sentenced to a county or State correctional facility on or after the effective date of section.--(Deleted by amendment).

(c) Initial registration if sentenced to county intermediate punishment on effective date of section.--(Deleted by amendment).

(d) Initial registration if sentenced to county intermediate punishment after effective date of section.--(Deleted by amendment).

(e) Initial registration if sentenced to county probation on or after effective date of section.--(Deleted by amendment).

(e.1) Initial registration for county or Federal probationers on the effective date of this section.--(Deleted by amendment).

(e.2) Initial registration for county or State parolees on the effective date of this section.--(Deleted by amendment).

(f) Initial registration if being supervised by Commonwealth under Interstate Compact for Adult Offender Supervision.--If an individual is in this Commonwealth and is being supervised by the Department of Corrections or the county office of probation and parole pursuant to the Interstate Compact for Adult Offender Supervision, the following apply:

(1) If the individual is being supervised under the compact for committing a sexually violent offense which requires registration in another jurisdiction or foreign country whether or not the sexual offense is designated as a sexually violent offense, the individual shall provide the information set forth in section 9799.16(b) (relating to registry) to the appropriate official of the Department of Corrections or the county office of probation and parole for inclusion in the registry. The appropriate official shall collect the information set forth in section 9799.16(b) and forward the information to the Pennsylvania State Police. The appropriate official shall, in addition, ensure that the information set forth in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police. If the individual fails to provide the information in section 9799.16(b), the appropriate official of the Department of Corrections or county office of probation and parole shall notify the Pennsylvania State Police.

(2) (Deleted by amendment).

(g) Supervision of individual convicted in Commonwealth who does not intend to reside in Commonwealth.--An individual who committed a sexually violent offense within this Commonwealth who seeks transfer of supervision to another jurisdiction pursuant to the Interstate Compact for Adult Offender Supervision shall not have supervision transferred to another jurisdiction prior to the individual's registration with the Pennsylvania State Police as set forth in this section.

(h) Initial registration of juvenile offender or sexually violent delinquent child.--

(1) If the individual is a juvenile offender who is adjudicated delinquent by a court on or after December 20, 2012, the following apply:

(i) The court shall require the individual to provide the information set forth in section 9799.16(b) to the chief juvenile probation officer of the court as follows:

(A) Except as set forth in clause (B), at the time of disposition under section 6352 (relating to disposition of delinquent child).

(B) At the time the individual is adjudicated delinquent under section 6341 (relating to adjudication) if:

(I) the adjudication of delinquency occurs in any county other than the individual's county of residence; and (II) the court intends to transfer the individual's case for disposition to the individual's county of residence under section 6321(c) (relating to commencement of proceedings).

(ii) The chief juvenile probation officer shall collect the information in section 9799.16(b) and (c) and forward it to the Pennsylvania State Police for inclusion in the registry as directed by the Pennsylvania State Police. If the juvenile offender is, under section 6352(a)(3), subject to court-ordered placement in an

institution or facility which provides the juvenile with 24-hour-per-day supervision and care, the institution or facility shall ensure the information provided by the juvenile offender pursuant to section 9799.16(b) is updated to reflect accurate information prior to release. The institution or facility may not release the juvenile offender until it receives verification from the Pennsylvania State Police that the information required under section 9799.16(b) and (c) has been entered in the registry.

(2) If, on December 20, 2012, the individual is a juvenile offender and is subject to the jurisdiction of the court pursuant to a disposition entered under section 6352 and is on probation or the individual is otherwise being supervised in the community, including placement in a foster family home or other residential setting which provides the individual with less than 24-hour-per-day supervision and care, the individual shall provide the information set forth in section 9799.16(b) to the chief juvenile probation officer of the court within 30 days of December 20, 2012. The chief juvenile probation officer shall collect the information set forth in section 9799.16(b) and (c) and forward it to the Pennsylvania State Police for inclusion in the registry, as directed by the Pennsylvania State Police.

(3) If the individual is, on December 20, 2012, already a juvenile offender and is subject to the jurisdiction of a court pursuant to a disposition entered under section 6352 and is, under section 6352, subject to court-ordered placement in an institution or facility which provides the juvenile with 24-hour-per-day supervision and care, the director of the institution or facility or a designee shall make the juvenile offender available for and facilitate the collection of the information set forth in section 9799.16(b) and (c) as directed by the Pennsylvania State Police for inclusion in the registry. The Pennsylvania State Police may require the institution or facility to transport the juvenile offender to and from an approved registration site in order to fulfill the requirement of this paragraph. In order to fulfill the requirements of this paragraph, the chief juvenile probation officer of the court shall, within ten days of December 20, 2012, notify the director of the institution or facility and the Pennsylvania State Police that the juvenile offender is required to register under this subchapter. In addition, the institution or facility shall ensure that the information provided by the juvenile offender pursuant to section 9799.16(b) is updated to reflect accurate information prior to release. The juvenile offender may not be released until the institution or facility receives verification from the Pennsylvania State Police that the information required under section 9799.16(b) and

(c) has been entered into the registry.

(4) If the individual is, on December 20, 2012, already a sexually violent delinquent child and receiving involuntary treatment in the State-owned facility or unit under Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons), the director of the facility or unit or a designee shall make the sexually violent delinquent child available for and facilitate the collection of the information set forth in section 9799.16(b) and (c) as directed by the Pennsylvania State Police for inclusion in the registry. The Pennsylvania State Police may require the facility or unit to transport the sexually

violent delinquent child to and from an approved registration site in order to fulfill the requirement of this paragraph. In addition, the facility or unit shall ensure that the information provided by the sexually violent delinquent child pursuant to section 9799.16(b) is updated to reflect accurate information prior to release. The facility or unit may not transfer the sexually violent child to outpatient treatment until it has received verification from the Pennsylvania State Police that it has received the information set forth in section 9799.16(b) and (c).

(5) If the individual is, on or after December 20, 2012, determined by the court to be a sexually violent delinquent child and committed for involuntary treatment to the State-owned facility or unit under Chapter 64, the following apply:

(i) The court shall require the individual to provide the information set forth in section 9799.16(b) to the chief juvenile probation officer of the court at the time of commitment. The chief juvenile probation officer shall collect and forward the information to the Pennsylvania State Police for inclusion in the registry. The chief juvenile probation officer shall, at the time of commitment, also ensure that the information set forth in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police for inclusion in the registry. The Pennsylvania State Police may require the facility or unit to transport the sexually violent delinquent child to and from an approved registration site in order to fulfill the requirement of initial registration at the time of commitment.

(ii) The facility or unit shall ensure that the information provided by the sexually violent delinquent child pursuant to section 9799.16(b) is updated to reflect accurate information prior to transfer to involuntary outpatient treatment pursuant to section 6404.1 (relating to transfer to involuntary outpatient treatment) or discharge. The court may not transfer the sexually violent delinquent child to outpatient treatment or discharge the child from the facility or unit until it has received verification from the Pennsylvania State Police that the information required under section 9799.16(b) and (c) has been entered in the registry.

(i) Initial registration if convicted or adjudicated delinquent outside Commonwealth.--

(1) An individual subject to registration under section 9799.13(7), (7.1) or (7.2) shall appear in person at an approved registration site to provide the information set forth in section 9799.16(b) to the Pennsylvania State Police within three business days of establishing residence, commencing employment or commencing enrollment as a student within this Commonwealth. In addition, the individual shall comply with the other provisions of this subchapter, including section 9799.15 (relating to period of registration). If the individual fails to establish a residence but nevertheless resides in this Commonwealth, the individual shall register as a transient. The Pennsylvania State Police shall ensure that the information set forth in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(2) If the individual is, on or after December 20, 2012, a juvenile offender as defined in paragraph (2) or (3) of the definition of "juvenile offender" in section 9799.12

(relating to definitions), the individual shall appear in person at an approved registration site to provide the information set forth in section 9799.16(b) to the Pennsylvania State Police within three business days of establishing residence, commencing employment or commencing enrollment as a student within this Commonwealth. In addition, the individual shall comply with the other provisions of this subchapter, including section 9799.15. If the individual fails to establish a residence but nevertheless resides in this Commonwealth, the individual shall register as a transient. The Pennsylvania State Police shall ensure that the information set forth in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(3) If the individual is convicted of a sexually violent offense and incarcerated in a Federal correctional institution or being supervised by Federal probation authorities, the individual shall appear in person at an approved registration site to provide the information set forth in section 9799.16(b) to the Pennsylvania State Police within three business days of establishing residence, commencing employment or commencing enrollment as a student in this Commonwealth. In addition, the individual shall comply with other provisions of this subchapter, including section 9799.15. If the individual fails to establish a residence but nevertheless resides in this Commonwealth, the individual shall register as a transient. The Pennsylvania State Police shall ensure that the information set forth in section 9799.16(c) with respect to the individual is collected and entered into the registry.

(j) Former law and registration.--(Deleted by amendment).

(k) Registration if incarcerated within Commonwealth or by Federal court.--The following apply to an individual who committed a sexually violent offense:

(1) If the individual is incarcerated in a Federal, State or county correctional facility, the individual shall provide the information specified in section 9799.16(b) to the appropriate official of the Federal, State or county correctional facility or the Department of Corrections for inclusion in the registry before being released due to:

(i) the expiration of sentence, in which case the information shall be collected no later than 10 days prior to the maximum expiration date;

(ii) parole;

(iii) State or county intermediate punishment where the sentence is restrictive and the individual is sentenced to a period of incarceration in a State or county correctional facility or a work release facility; or

(iv) special probation supervised by the Department of Corrections.

(2) For individuals described in paragraph (1), the appropriate official of the Federal, State or county correctional facility or the Department of Corrections shall collect and forward the information specified in section 9799.16(b) to the Pennsylvania State Police. The appropriate official shall, in addition, ensure that the information specified in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police. The information specified in section 9799.16(b) and (c) shall be included in the registry. With respect to individuals released under paragraph (1)(ii), (iii) or (iv), the State or county

correctional facility shall not release the individual until the State or county correctional facility receives verification from the Pennsylvania State Police that the Pennsylvania State Police has received the information specified in section 9799.16(b) and (c). Verification may take place by electronic means. With respect to individuals released under paragraph (1)(i), if the individual refuses to provide the information specified in section 9799.16(b), the State or county correctional facility shall notify the Pennsylvania State Police or the municipal police department with jurisdiction over the facility of the failure to provide the information and of the expected date, time and location of the release of the individual.

(l) Registration if sentenced to a State or county correctional facility.--If the individual committed a sexually violent offense and is sentenced to a period of incarceration in a State or county correctional facility, the individual shall provide the information specified in section 9799.16(b) as follows:

(1) At the time of sentencing, the court shall require the individual to immediately report to the office of probation and parole serving that county to register under this subchapter. The appropriate office of probation and parole shall collect the information specified in section 9799.16(b) from the individual and forward the information to the Pennsylvania State Police. The appropriate office of probation and parole shall, in addition, ensure the information specified in section 9799.16(c) is collected and forwarded to the Pennsylvania State Police. The information specified in section 9799.16(b) and (c) shall be included in the registry.

(2) If the individual is incarcerated in a State or county correctional facility, the correctional facility shall notify the Pennsylvania State Police, not more than 30 days in advance of, but not later than 10 days prior to, the individual's release from the correctional facility. The following apply:

(i) The correctional facility shall ensure that the information specified in section 9799.16(b) and (c) for the individual has been submitted to the Pennsylvania State Police.

(ii) If the information has not been submitted to the Pennsylvania State Police, the correctional facility shall collect the information specified in section 9799.16(b) from the individual and forward the information to the Pennsylvania State Police.

(iii) The correctional facility shall also report any changes to the information specified in section 9799.16(b) and (c) on file with the Pennsylvania State Police.

(iv) In the case of parole, State intermediate punishment, State drug treatment programs or restrictive conditions of probation where the sentence is restrictive and the individual is sentenced to a period of incarceration in a State or county correctional facility or work release facility or special probation supervised by the Department of Corrections, the correctional facility may not release the individual until the correctional facility receives verification from the Pennsylvania State Police that the Pennsylvania State Police has received the information specified in section

9799.16(b) and (c). Verification by the Pennsylvania State Police may occur by electronic means.

(v) If the individual is scheduled to be released from a State or county correctional facility due to the expiration of sentence and the individual refuses to provide the information specified in section 9799.16(b), the State or county correctional facility shall notify the Pennsylvania State Police or the municipal police department with jurisdiction over the facility of the failure to provide the information and of the expected date, time and location of the release of the individual.

(m) Registration if sentenced to county intermediate punishment.--If the individual committed a sexually violent offense and is sentenced to county intermediate punishment which is restorative where the individual is not sentenced to incarceration or to a work release facility, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as described in this subsection. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(n) Registration if sentenced to county intermediate punishment.--If the individual committed a sexually violent offense and is sentenced to county intermediate punishment, the following apply:

(1) If the individual is sentenced to county intermediate punishment which is restorative, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as specified in this paragraph. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(2) If the individual is sentenced to county intermediate punishment which is restrictive where the individual is not sentenced to incarceration or to a work release facility, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as described in this paragraph. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(o) Registration if sentenced to county probation.--If the individual committed a sexually violent offense and is sentenced to county probation, the individual shall provide the

information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of being sentenced. The appropriate official of the county office of probation and parole shall ensure that the individual has appeared at an approved registration site as described in this subsection. If the individual fails to appear, the appropriate official of the county office of probation and parole shall notify the Pennsylvania State Police. The Pennsylvania State Police shall ensure the information specified in section 9799.16(c) with respect to the individual is collected and entered in the registry.

(p) Registration for county or Federal probationers.--If the individual committed a sexually violent offense, the following apply:

(1) If the individual is serving a sentence of county probation, the appropriate office of probation and parole serving the county shall register the individual within 48 hours. The appropriate official of that office shall collect the information specified in section 9799.16(b) and forward that information to the Pennsylvania State Police. The Pennsylvania State Police shall ensure that the information specified in section 9799.16(c) is collected. The information specified in section 9799.16(b) and (c) shall be included in the registry. If the individual fails to comply, the appropriate official of that office shall notify the Pennsylvania State Police.

(2) If the individual is under the supervision of Federal probation authorities for a sexually violent offense, the individual shall provide the information specified in section 9799.16(b) by appearing at an approved registration site within 48 hours of sentencing.

(q) Registration for State or county parolees.--

(1) If the individual committed a sexually violent offense and is serving a sentence of county parole, the appropriate office of probation and parole serving the county shall register the individual within 48 hours. The appropriate official of that office shall collect the information specified in section 9799.16(b) and forward that information to the Pennsylvania State Police. The Pennsylvania State Police shall ensure that the information specified in section 9799.16(c) is collected. The information specified in section 9799.16(b) and (c) shall be included in the registry. If the individual fails to comply, the appropriate official of that office shall notify the Pennsylvania State Police.

(2) If the individual committed a sexually violent offense and is serving a sentence of State parole, the Department of Corrections shall register the individual within 48 hours. The appropriate official of the Department of Corrections shall collect the information specified in section 9799.16(b) from the individual and forward the information to the Pennsylvania State Police. The Pennsylvania State Police shall ensure that the information specified in section 9799.16(c) is collected. The information specified in section 9799.16(b) and (c) shall be included in the registry. If the individual fails to comply, the appropriate official of the Department of Corrections shall notify the Pennsylvania State Police. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

2021 Amendment. Act 59 amended subsecs. (f), (k)(1) intro. par., (iv) and (2), (l)(2)(iv) and (q)(2). 2021 Unconstitutionality. Section 9799.19 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.19 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended subsecs. (f), (g) and

(i)(3), added subsecs. (k), (l), (m), (n), (o), (p) and (q) and deleted subsecs. (b), (b.1), (c), (d), (e), (e.1), (e.2) and

(j) and Act 29 reenacted and amended section 9799.19. 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 9799.19. Section 20(1) of Act 10 provided that the amendment of section 9799.19 shall apply to an individual who commits an offense on or after December 20, 2012.

Amendment . Act 91 amended subsecs. (b), (b.1) intro. par., (h), (i) and (j) and added subsecs. (e.1) and (e.2). 2011 Amendment. Act 111 added section 9799.19. Cross References. Section 9799.19 is referred to in sections 9799.13, 9799.15, 9799.18, 9799.20, 9799.21, 9799.22, 9799.23, 9799.25, 9799.26, 9799.33, 9799.34 of this title; section 4915.1 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 2772 — PA Code / Title 42 / Chapter 27 / Section 2772
Selection of clerk of the orphans' court division.
Status: in_force

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

(b) Philadelphia.--The Register of Wills of Philadelphia shall serve ex officio as Clerk of the Orphans' Court Division of the Court of Common Pleas of Philadelphia County. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in subsec. (a), was repealed May 8, 2024, P.L.50, No.14. The subject matter is now contained in Title 16 (Counties).
42 Pa.C.S. § 7702 — PA Code / Title 42 / Chapter 77 / Section 7702
Commencement and termination of trial.
Status: in_force

The trial of a civil action or proceeding shall be deemed to commence and terminate at the times or on the occurrence of events prescribed by general rules.
42 Pa.C.S. § 9302 — PA Code / Title 42 / Chapter 93 / Section 9302
Commencement and termination of trial.
Status: in_force

The trial of a criminal proceeding shall be deemed to commence and terminate at the times or on the occurrence of events prescribed by general rules.
42 Pa.C.S. § 1502 — PA Code / Title 42 / Chapter 15 / Section 1502
Classification of districts.
Status: in_force

(a) Second class counties.--The classes of magisterial districts in judicial districts coextensive with counties of the second class shall be determined as follows:

(1) Magisterial districts of the first class shall have a population density of more than 5,000 persons per square mile and a population of not less than 65,000 persons.

(2) Magisterial districts of the second class shall have a population density of more than 500 persons per square mile and a population of between 22,500 and 65,000 persons.

(3) Magisterial districts of the third class shall have a population density of more than 200 persons per square mile and a population of between 12,000 and 22,500 persons.

(4) Magisterial districts of the fourth class shall have a population density of more than 70 persons per square mile and a population of between 7,500 and 12,000 persons.

(5) Magisterial districts of the fifth class shall have a population density of less than 70 persons per square mile and a population of between 4,000 and 7,500 persons.

(b) Other counties.--The classes of magisterial districts in judicial districts not coextensive with counties of the first class or counties of the second class shall be determined as follows:

(1) Magisterial districts of the first class shall have a population density of more than 1,000 persons per square mile and a population of not less than 15,000 persons.

(2) Magisterial districts of the second class shall have a population density of more than 400 persons per square mile and a population of not less than 4,000 persons.

(3) Magisterial districts of the third class shall have a population density of less than 400 persons per square mile and a population of not less than 4,000 persons.

(4) Magisterial districts of the fourth class shall have a population density of less than 400 persons per square mile and a population of between 2,000 and 4,000 persons. The number of magisterial districts of the fourth class within a judicial district shall not be increased.
42 Pa.C.S. § 9762 — PA Code / Title 42 / Chapter 97 / Section 9762
Sentencing proceeding; place of confinement.
Status: in_force

(a) Sentences or terms of incarceration imposed before a certain date.--For the three-year period beginning on the effective date of this subsection, all persons sentenced to total or partial confinement for the following terms shall be committed as follows:

(1) Maximum terms of five or more years shall be committed to the Department of Corrections for confinement.

(2) Maximum terms of two years or more but less than five years may be committed to the Department of Corrections for confinement or may be committed to a county prison within the jurisdiction of the court.

(3) Maximum terms of less than two years shall be committed to a county prison within the jurisdiction of the court.

(b) Sentences or terms of incarceration imposed after a certain date.--All persons sentenced three or more years after the effective date of this subsection to total or partial confinement shall be committed as follows:

(1) Maximum terms of five or more years shall be committed to the Department of Corrections for confinement.

(2) Maximum terms of two years or more but less than five years shall be committed to the Department of Corrections for confinement, except upon a finding of all of the following:

(i) The chief administrator of the county prison, or the administrator's designee, has certified that the county prison is available for the commitment of persons sentenced to maximum terms of two or more years but less than five years.

(ii) The attorney for the Commonwealth has consented to the confinement of the person in the county prison.

(iii) The sentencing court has approved the confinement of the person in the county prison within the jurisdiction of the court.

(3) Maximum terms of less than two years shall be committed to a county prison within the jurisdiction of the court.

(c) Certification.--The chief administrator of the county prison, or the administrator's designee, may issue a certification under subsection (b)(2)(i) if the county prison population is less than 110% of the rated capacity of the county prison. The chief administrator shall revoke any previously issued certification if the prison population exceed 110% of the rated capacity. The president judge of the court, the district attorney and the chief public defender of the county

shall be served with a written copy of any certification or revocation.

(d) County intermediate punishment.--Nothing in this section shall prevent a judge from sentencing an offender to county intermediate punishment which does not require confinement within county prison if otherwise authorized by law.

(e) Reimbursement.--Beginning three years after the effective date of this subsection:

(1) The Department of Corrections shall reimburse to the counties the reasonable cost of confinement of every Level 4 or 5 offender as identified in the Basic Sentencing Matrix promulgated by the Pennsylvania Commission on Sentencing who is participating in an approved work release program. The reimbursement per prisoner shall not exceed the average per-prisoner cost of confinement paid by the Commonwealth for the confinement of prisoners in the Department of Corrections. No more than $2,500,000 shall be expended annually for this purpose. Reimbursement shall be made on a pro rata basis if the total dollar amount of eligible confinement costs exceeds $2,500,000. Nothing in this paragraph shall prevent more than $2,500,000 being appropriated for this purpose. Reimbursement shall be made on a pro rata basis if the total dollar amount of eligible confinement costs exceeds any additional appropriation. A county shall not be reimbursed under this section for any offender participating in an approved work release program for whom the county is being or has been reimbursed from any other State funds regardless of their source.

(2) County prisons may require reimbursements from other county prisons or the Department of Corrections for inmates voluntarily accepted for incarceration at mutually agreeable rates. The Department of Corrections shall maintain a list of those counties willing to accept voluntary placement of out-of-county inmates.

(f) Aggregation.--For purposes of this section, the sentences or terms of incarceration shall mean the entire continuous term of incarceration to which a person is subject, notwithstanding whether the sentence is the result of any of the following:

(1) One or more sentences.

(2) Sentences imposed for violations of probation or intermediate punishment.

(3) Sentences to be served upon recommitment for violations of parole.

(4) Any other manner of sentence.

(g) Date of imposition.--For purposes of this section, if a person is subject to multiple sentences or terms of incarceration or any combination of sentences or terms, the date of the last sentence imposed or the date of recommitment, whichever is later, shall determine the place of incarceration and whether reimbursement is required.

(h) Transfer of prisoners.--Nothing in this section shall prohibit the transfer of prisoners otherwise authorized by law or prevent a judge from changing the place of confinement between State and county facilities to the extent that the judge would have such discretion at the time of imposition of sentence or recommitment.

(i) Prohibition.--Notwithstanding any other provision of law, no person sentenced to total or partial confinement after the effective date of this subsection shall be committed to the Department of Corrections unless:

(1) the aggregate sentence consists of a conviction for an offense graded as a misdemeanor of the second degree or higher; or

(2) the Secretary of Corrections or the secretary's designee has consented to the commitment.

(j) Applicability.--18 Pa.C.S. § 106(b)(8) and (9) (relating to classes of offenses) applies to subsection (i). (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 30 days)

Amendment . Act 122 added subsecs. (i) and (j). Cross References. Section 9762 is referred to in section 9756 of this title; sections 4505, 6132, 6134.1, 6171 of Title 61 (Prisons and Parole); sections 3804, 3815 of Title 75 (Vehicles).
42 Pa.C.S. § 9799.69 — PA Code / Title 42 / Chapter 97 / Section 9799.69
Board.
Status: in_force

(a) Composition.--The State Sexual Offenders Assessment Board shall be composed of psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.

(b) Appointment.--The Governor shall appoint the board members.

(c) Term of office.--Members of the board shall serve four-year terms.

(d) Compensation.--The members of the board shall be compensated at a rate of $350 per assessment and receive reimbursement for their actual and necessary expenses while performing the business of the board. The chairman shall receive $500 additional compensation per annum.

(e) Staff.--The board shall employ an executive director and other staff as necessary to carry out the board's duties under this chapter. The executive director shall direct the operations, management and administration of the board and organize and oversee the work of the staff. Legal counsel for the board shall be provided in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. Upon request by the board, the Department of Corrections shall make available facilities, administrative support and other assistance to the board. (June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2025 Repeal. Section 48(13) of Act 45 provided that subsec.

(d) was repealed insofar as it is inconsistent with the addition of section 1799.11-E of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2021 Amendment. Act 59 amended subsec. (e).

2018 Amendment. Act 29 reenacted section 9799.69.
42 Pa.C.S. § 1122 — PA Code / Title 42 / Chapter 11 / Section 1122
Seat of court.
Status: in_force

The regular sessions of the Philadelphia Municipal Court shall be held at such locations within the first judicial district as may be approved by the president judge of the court in compliance with general rules.
42 Pa.C.S. § 7410 — PA Code / Title 42 / Chapter 74 / Section 7410
Privilege.
Status: in_force

(a) General rule.--Except as otherwise provided in this section, a collaborative communication is privileged, may not be compelled through discovery and shall not be admissible as evidence in an action or proceeding. Evidence that is otherwise admissible and subject to discovery shall not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

(b) Waiver.--

(1) A party may waive a privilege belonging to the party only if all parties waive the privilege and, in the case of a communication by a nonparty participant, only if the nonparty participant and all parties waive the privilege.

(2) If a party discloses a privileged collaborative communication that prejudices another party, the disclosing party waives the right to assert a privilege under this

section to the extent necessary for the party prejudiced to respond to the disclosure or representation.

(c) Nonapplicability.--Privilege under subsection (a) shall not apply to:

(1) A communication that is not subject to the privilege by agreement of the parties according to the terms of a participation agreement.

(2) A communication that is made during a session of a collaborative law process that is open, or required by law to be open, to the public.

(3) A communication sought, obtained or used to:

(i) threaten or plan to inflict bodily injury, commit or attempt to commit a crime; or

(ii) conceal ongoing criminal activity.

(d) Exceptions.--The following exceptions apply to the privilege under subsection (a):

(1) A communication sought or offered to prove or disprove facts relating to a claim or complaint of professional misconduct or malpractice or a fee dispute.

(2) A communication sought or offered to prove facts relating to the abuse, neglect, abandonment or exploitation of a child or abuse of an adult.

(3) A communication sought or offered in a criminal proceeding or in an action to enforce, void, set aside or modify a settlement agreement where a tribunal or court of competent jurisdiction finds that the evidence is not otherwise available and the need for the evidence substantially outweighs the interest in protecting the privilege.

(e) Limitation.--

(1) If a collaborative communication is subject to an exception under subsection (d), only the part of the collaborative communication necessary for the application of the exception may be disclosed or admitted.

(2) Disclosure or admission of evidence under subsection

(d) does not make the evidence or any other collaborative communication discoverable or admissible for any other purpose.

(f) Construction.--This section shall not be construed to affect the scope of another applicable privilege under State law or rule of court.
42 Pa.C.S. § 1723 — PA Code / Title 42 / Chapter 17 / Section 1723
General supervisory and administrative authority.
Status: in_force

The governing authority shall exercise general supervisory and administrative authority over 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. § 9577 — PA Code / Title 42 / Chapter 95 / Section 9577
Disposition and appeal.
Status: in_force

(a) Capital unitary review.--Review by the Supreme Court under section 9711(h) (relating to review of death sentence) shall comprise direct appeal and collateral appeal. The common pleas court order disposing of the petition under this subchapter shall constitute the final judgment for purposes of this review.

(b) Briefs for petitioner.--Unless the petitioner has waived the right to new counsel on collateral review, separate briefs shall be filed for direct appeal and collateral appeal. The time for filing the collateral appeal brief shall begin to run from service of the petitioner's brief on direct appeal.

(c) Brief for the Commonwealth.--The Commonwealth shall file a brief in response to the petitioner's direct and collateral appeal briefs. The time for filing the Commonwealth's brief shall begin to run from service of the petitioner's brief on collateral appeal. Suspension by Court Order. Section 9577 was suspended August 11, 1997, S.Ct. Order.
42 Pa.C.S. § 4321 — PA Code / Title 42 / Chapter 43 / Section 4321
Record retention schedules.
Status: in_force

(a) General rule.--The governing authority, after consultation with the County Records Committee, shall by general rule prescribe schedules setting forth the conditions under which the records provided for in Subchapter A (relating to establishment, maintenance and effect of judicial records) may be disposed of, either with or without the establishment of a permanent copy thereof.

(b) Requirements for schedules.--Such schedules shall distinguish clearly between records of temporary value and records of permanent value, and no schedule shall be prescribed or revised which will permit the destruction of records of permanent value unless a permanent copy thereof is required to be maintained as provided in this subchapter. Such schedules insofar as they affect the records maintained by related staff, shall be consistent with the schedules prescribed by the County Records Committee.
42 Pa.C.S. § 9730 — PA Code / Title 42 / Chapter 97 / Section 9730
Payment of court costs, restitution and fines.
Status: in_force

(a) Method of payment.--The treasurer of each county shall allow the use of credit cards, debit cards and bank cards in the payment of court costs, restitution and fines and may provide for automatic periodic deductions from a bank account, subject to the agreement of the owner of the account.

(a.1) Wage attachment.--A court may, at sentencing, assign an amount not greater than 25% of the defendant's gross salary, wages or other earnings to be used for the payment of court costs, restitution or fines.

(b) Procedures regarding default.--

(1) If a defendant defaults in the payment of court costs, restitution or fines after imposition of sentence, the issuing authority or a senior judge or senior magisterial district judge appointed by the president judge for the

purposes of this section may conduct a hearing to determine whether the defendant is financially able to pay.

(2) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is financially able to pay the costs, restitution or fine, the issuing authority, senior judge or senior magisterial district judge may enter an order for wage attachment, turn the delinquent account over to a private collection agency or impose imprisonment for nonpayment, as provided by law.

(2.1)

(i) If the issuing authority, senior judge or senior magisterial district judge schedules a financial determination hearing for the defendant and provides notice to the defendant of the hearing, but the defendant fails to appear at the financial determination hearing, the issuing authority, senior judge or senior magisterial district judge may turn the delinquent account over to a private collection agency or the county's collection enforcement unit as set forth under section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties), as provided by law.

(ii) In each communication with the defendant, the private collection agency or the county's collection enforcement unit shall notify the defendant of the defendant's right to request a new financial determination hearing under paragraph (2.2).

(2.2)

(i) If the defendant has a delinquent account turned over to a private collection agency or the county's collection enforcement unit under paragraph

(2.1), the defendant may request a new financial determination hearing on the defendant's financial ability to pay the court costs, restitution or fines.

(ii) Upon receipt of the request for a new financial determination hearing under this paragraph, the issuing authority, senior judge or senior magisterial district judge shall schedule and conduct the hearing in accordance with this subsection.

(iii) Upon notice that the defendant has requested a new financial determination hearing under this paragraph, the private collection agency or the county's collection enforcement unit shall cease all collections activities pending the conclusion of the financial determination hearing.

(iv) If the defendant fails to appear at the financial determination hearing under this paragraph, the private collection agency or county's collection enforcement unit may resume collection activities.

(v) If the defendant requests a new financial determination hearing after failing to appear at a hearing previously requested under this paragraph, the private collection agency or county collection enforcement unit's collection activities may continue unless stayed by court order.

(3)

(i) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the costs, restitution or fines immediately or in a single remittance, the issuing authority, senior judge or senior magisterial district judge may provide for payment in installments or, in the case of costs or fines, reduce or waive the costs or fines, except costs imposed under section 1101 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. In determining

the appropriate installments, reduction or waiver, the issuing authority, senior judge or senior magisterial district judge shall consider the defendant's financial resources, the defendant's ability to make restitution and reparations and the nature of the burden the payment will impose on the defendant.

(ii) If the defendant is in default of a payment or advises the issuing authority, senior judge or senior magisterial district judge that default is imminent, the issuing authority, senior judge or senior magisterial district judge may schedule a rehearing on the payment schedule. At the rehearing the defendant has the burden of proving changes of financial condition such that the defendant is without the means to meet the payment schedule. The issuing authority, senior judge or senior magisterial district judge may extend or accelerate the schedule, leave it unaltered, reduce or waive the costs or fines, except costs imposed under section 1101 of the Crime Victims Act, or sentence the defendant to a period of community service as the issuing authority, senior judge or senior magisterial district judge finds to be just and practicable under the circumstances.

(iii) If the issuing authority, senior judge or senior magisterial district judge determines that the defendant is without the financial means to pay the costs, restitution or fines under this paragraph, the issuing authority, senior judge or senior magisterial district judge shall waive an existing collection fee under section 9730.1(b) (relating to collection of court costs, restitution and fines by private collection agency) that was not previously collected from the defendant who is determined to be without the financial means to pay the costs, restitution or fines under this paragraph.

(4) A decision of the issuing authority, senior judge or senior magisterial district judge under paragraph (2),

(2.1) or (3) is subject to section 5105 (relating to right to appellate review). (Dec. 18, 1992, P.L.1269, No.167, eff. imd.; July 11, 1996, P.L.607, No.104, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Nov. 3, 2022, P.L.2175, No.163, eff. 120 days) 2022 Amendment. Act 163 amended subsecs. (a) and (b)(3) and (4) and added subsec. (b)(2.1) and (2.2). 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Cross References. Section 9730 is referred to in section 9730.1 of this title; section 3020 of Title 18 (Crimes and Offenses); sections 1533, 1543.1, 1558, 1960, 6504 of Title 75 (Vehicles).
42 Pa.C.S. § 6404 — PA Code / Title 42 / Chapter 64 / Section 6404
Duration of inpatient commitment and review.
Status: in_force

(a) Initial period of commitment.--The person shall be subject to a period of commitment for inpatient treatment for one year.

(b) Annual review.--

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

(2) The court shall schedule a review hearing which shall be conducted pursuant to section 6403(c) (relating to court-ordered involuntary treatment) and which shall be held no later than 30 days after receipt of both the evaluation and the assessment under paragraph (1). Notice of the review hearing shall be provided to the person, the attorney who represented the person at the previous hearing held pursuant to this subsection or section 6403, the district attorney and the county solicitor or a designee. The person and the person's attorney shall also be provided with written notice advising that the person has the right to counsel and that, if he cannot afford one, counsel shall be appointed for the person. If the court determines by clear and convincing

evidence that the person continues to have serious difficulty controlling sexually violent behavior while committed for inpatient treatment due to a mental abnormality or personality disorder that makes the person likely to engage in an act of sexual violence, the court shall order an additional period of involuntary inpatient treatment of one year; otherwise, the court shall order the department, in consultation with the board, to develop an outpatient treatment plan for the person. The order shall be in writing and shall be consistent with the protection of the public safety and appropriate control, care and treatment of the person.

(c) Outpatient treatment plan.--

(1) If at any time the director or a designee of the facility to which the person was committed concludes the person no longer has serious difficulty in controlling sexually violent behavior in an inpatient setting, the director shall petition the court for a hearing. Notice of the petition shall be given to the person, the attorney who represented the person at the previous hearing held pursuant to subsection (b) or section 6403, the board, the district attorney and the county solicitor. The person and the person's attorney shall also be provided with written notice advising that the person has the right to counsel and that, if he cannot afford one, counsel shall be appointed for the person.

(2) Upon receipt of notice under paragraph (1), the board shall conduct a new assessment within 30 days and provide that assessment to the court.

(3) Within 15 days after the receipt of the assessment from the board, the court shall hold a hearing pursuant to section 6403(c). If the court determines by clear and convincing evidence that the person continues to have serious difficulty controlling sexually violent behavior while committed for inpatient treatment due to a mental abnormality or personality disorder that makes the person likely to engage in an act of sexual violence, the court shall order that the person be subject to the remainder of the period of inpatient commitment. Otherwise, the court shall order the department, in consultation with the board, to develop an outpatient treatment plan for the person.

(4) The department shall provide the person with notice of the person's right to petition the court for transfer to involuntary outpatient treatment over the objection of the department. The court, after review of the petition, may schedule a hearing pursuant to section 6403(c).

(5) An outpatient treatment plan shall be in writing and shall identify the specific entity that will provide each clinical and support service identified in the plan.

(6) The department shall provide a copy of the outpatient treatment plan to the court, the person, the attorney who represented the person at the most recent hearing pursuant to section 6403, the board, the district attorney and the county solicitor or a designee.

(d) Prohibition on discharge.--The court shall not order discharge from involuntary treatment until the person has completed involuntary outpatient treatment pursuant to section 6404.2 (relating to duration of outpatient commitment and review). (Nov. 29, 2004, P.L.1364, No.176, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. one year)
42 Pa.C.S. § 701 — PA Code / Title 42 / Chapter 7 / Section 701
Scope of subchapter.
Status: in_force

(a) General rule.--The provisions of this subchapter shall apply to all courts of this Commonwealth, including the courts of common pleas when sitting as appellate courts.

(b) Reassignment of matters.--Any of the provisions of
42 Pa.C.S. § 9140 — PA Code / Title 42 / Chapter 91 / Section 9140
Persons under criminal prosecution in this Commonwealth at time of requisition.
Status: in_force

If a criminal prosecution has been instituted against such person under the laws of this Commonwealth and is still pending, the Governor in his discretion either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this Commonwealth.
42 Pa.C.S. § 2302 — PA Code / Title 42 / Chapter 23 / Section 2302
Maintenance of adequate county staff.
Status: in_force

Whenever necessary, it shall be the duty of county officers to appoint or detail such county staff as shall enable the judges of the courts embracing the county to properly transact the business before their respective courts. SUBCHAPTERS B THROUGH I (Reserved) Enactment. Subchapters B through I (Reserved) were added June 22, 1999, P.L.75, No.12, effective immediately.
42 Pa.C.S. § 5305 — PA Code / Title 42 / Chapter 53 / Section 5305
Corporate shares.
Status: in_force

The tribunals of this Commonwealth shall have jurisdiction, whether or not the persons owning or claiming interests in the shares or share certificates are subject to the jurisdiction of the tribunals of this Commonwealth:

(1) Over shares in a corporation incorporated under the laws of this Commonwealth (subject to the limitations of Title 13 (relating to commercial code)).

(2) Over share certificates which are located within this Commonwealth.

(3) Over shares in a corporation represented by share certificates located within this Commonwealth if the law of the jurisdiction of incorporation embodies the share in the share certificates. (Nov. 1, 1979, P.L.255, No.86, eff. Jan. 1, 1980) Cross References. Section 5305 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 5924 — PA Code / Title 42 / Chapter 59 / Section 5924
Spouses as witnesses against each other.
Status: in_force

(a) General rule.--In a civil matter neither husband nor wife shall be competent or permitted to testify against each other.

(b) Exception.--Subsection (a) shall not apply in an action or proceeding:

(1) For divorce, including ancillary proceedings for the partition or division of property.

(2) For support or relating to the protection or recovery of marital or separate property.

(3) For custody or care of children, including actions or proceedings relating to visitation rights and similar matters.

(4) Arising under 23 Pa.C.S. Ch. 61 (relating to protection from abuse).

(5) When a statute heretofore or hereafter enacted applicable to the action or proceeding provides either expressly or by necessary implication that spouses may testify therein against each other. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206, eff. 90 days) Cross References. Section 5924 is referred to in section 5931 of this title.
42 Pa.C.S. § 6402 — PA Code / Title 42 / Chapter 64 / Section 6402
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:

"Act of sexual violence." Any conduct prohibited under the following provisions of law:

(1) 18 Pa.C.S. § 3121 (relating to rape).

(2) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

(3) 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(4) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(5) 18 Pa.C.S. § 3126 (relating to indecent assault).

(6) 18 Pa.C.S. § 4302 (relating to incest).

"Board." The board as defined in section 6302 (relating to definitions).

"County solicitor." The solicitor appointed by the county commissioners or a similar body in home rule counties.

"Department." The Department of Public Welfare of the Commonwealth.

"Mental abnormality." A congenital or acquired condition of a person affecting the person's emotional or volitional capacity.

"Sexually violent delinquent child." A person who has been found delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest) and who has been determined to be in need of commitment for involuntary treatment under this chapter. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Cross References. Section 6402 is referred to in sections 6358, 9799.12, 9799.24, 9799.58 of this title.
42 Pa.C.S. § 7388 — PA Code / Title 42 / Chapter 73 / Section 7388
Correction or confirmation by court of unconfirmed award.
Status: in_force

(a) Grounds.--On motion of a party made not later than 30 days after an arbitrator gives notice under section 7385(a) (relating to award) or makes a correction under section 7387 (relating to correction by arbitrator of unconfirmed award), the court shall correct the award if:

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

(2) (Reserved); or

(3) the arbitrator made an award on a family law dispute not submitted to the arbitrator, and the award may be corrected without affecting the merits of the issues submitted.

(b) Joinder.--A motion under this section to correct an award may be joined with a motion to vacate or amend the award under section 7389 (relating to vacation, amendment or confirmation by court of unconfirmed award).

(c) Confirmation.--Unless a motion under section 7389 is pending, the court may confirm a corrected award under section 7386 (relating to confirmation of award). Cross References. Section 7388 is referred to in sections 7381, 7386, 7389 of this title.
42 Pa.C.S. § 6358 — PA Code / Title 42 / Chapter 63 / Section 6358
Assessment of delinquent children by the State Sexual Offenders Assessment Board.
Status: in_force

(a) General rule.--A child who has been found to be delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125

(relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest) who is committed to an institution or other facility pursuant to section 6352 (relating to disposition of delinquent child) and who remains in any such institution or facility as a result of that adjudication of delinquency upon attaining 20 years of age shall be subject to an assessment by the board.

(b) Duty of probation officer.--Ninety days prior to the 20th birthday of the child, the probation officer shall have the duty to notify the board of the status of the delinquent child and the institution or other facility where the child is presently committed. The probation officer shall assist the board in obtaining access to the child and any information required by the board to perform the assessment, including, but not limited to, the child's official court record and complete juvenile probation file.

(b.1) Notification to board.--The probation officer shall, within five days of the effective date of this subsection, notify the board of any child whose age precludes compliance with subsection (b) provided the child has not yet attained 21 years of age.

(c) Assessment.--The board shall conduct an assessment, which shall include the board's determination of whether or not the child is in need of commitment for involuntary treatment due to a mental abnormality as defined in section 6402 (relating to definitions) or a personality disorder, either of which results in serious difficulty in controlling sexually violent behavior. Upon the completion of the assessment pursuant to this section, the board shall provide the assessment to the court. In no case shall the board file the assessment later than 90 days after the child's 20th birthday unless notification of the board was delayed under subsection (b.1), in which case the assessment shall be filed no later than 180 days after the child's 20th birthday.

(d) Duty of court.--The court shall provide a copy of the assessment by the board to the probation officer, the district attorney, county solicitor or designee and the child's attorney.

(e) Dispositional review hearing.--Where the board has concluded that the child is in need of involuntary treatment pursuant to the provisions of Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons), the court shall conduct a hearing at which the county solicitor or a designee, the probation officer and the child's attorney are present. The court shall consider the assessment, treatment information and any other relevant information regarding the delinquent child at the dispositional review hearing pursuant to section 6353 (relating to limitation on and change in place of commitment and disposition review hearing), which shall be held no later than 180 days before the 21st birthday of the child. Where the submission of the report was delayed pursuant to subsection (c), the dispositional review hearing shall be held no later than 90 days before the 21st birthday of the child.

(f) Subsequent proceeding.--If, at the conclusion of the dispositional review hearing required in subsection (e), the court finds there is a prima facie case that the child is in need of involuntary treatment under the provisions of Chapter 64, the court shall direct that the county solicitor or a designee file a petition to initiate proceedings under the provisions of that chapter. (Aug. 14, 2003, P.L.97, No.21, eff. 180 days; Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91,

eff. Dec. 20, 2012; Oct. 16, 2024, P.L.1003, No.107, eff. 180 days) 2024 Amendment. Act 107 amended subsec. (e).

Amendment . Act 91 amended subsec. (a). 2011 Amendment. Act 111 amended subsecs. (a) and (b). 2003 Amendment. Act 21 added section 6358. Cross References. Section 6358 is referred to in sections 6403, 9799.24, 9799.58 of this title.
42 Pa.C.S. § 1332 — PA Code / Title 42 / Chapter 13 / Section 1332
Operations of traffic court.
Status: in_force

The presiding magistrate shall preside over and supervise the work of the Traffic Court of Pittsburgh. In the absence of the presiding magistrate designated by the mayor, the judge then temporarily presiding shall have such supervision. The traffic court shall be open for the transaction of business at such times as shall be designated by ordinance of the City of Pittsburgh or prescribed by general rule.
42 Pa.C.S. § 9810 — PA Code / Title 42 / Chapter 98 / Section 9810
Continued eligibility.
Status: in_force

(a) Evaluation.--In order to remain eligible for county intermediate punishment funding, a county shall comply with commission standards and regulations and participate in an evaluation to determine program effectiveness. The form of the evaluation shall be determined by the commission and shall include certification by the Pennsylvania Commission on Sentencing under section 2154.1(b) (relating to adoption of guidelines for restrictive conditions).

(b) Suspension of funding.--

(1) If the commission determines that there are reasonable grounds to believe that a county is not complying with its plan or minimum standards, the commission shall give 30 days' written notice to the board.

(2) If the commission finds noncompliance, it shall require the board to provide a written agreement as to how and when the specific deficiencies identified will be corrected.

(3) If no agreement is submitted to the commission within the time limit or if the deficiencies are not corrected within 45 days after an agreement has been approved by the commission, the commission may suspend part or all of the funding until compliance is achieved. (Dec. 18, 2019, P.L.776, No.115, eff. imd.)

2019 Amendment. Act 115 amended subsec. (a).
42 Pa.C.S. § 8343 — PA Code / Title 42 / Chapter 83 / Section 8343
Burden of proof.
Status: in_force

(a) Burden of plaintiff.--In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised:

(1) The defamatory character of the communication.

(2) Its publication by the defendant.

(3) Its application to the plaintiff.

(4) The understanding by the recipient of its defamatory meaning.

(5) The understanding by the recipient of it as intended to be applied to the plaintiff.

(6) Special harm resulting to the plaintiff from its publication.

(7) Abuse of a conditionally privileged occasion.

(b) Burden of defendant.--In an action for defamation, the defendant has the burden of proving, when the issue is properly raised:

(1) The truth of the defamatory communication.

(2) The privileged character of the occasion on which it was published.

(3) The character of the subject matter of defamatory comment as of public concern.
42 Pa.C.S. § 9799.18 — PA Code / Title 42 / Chapter 97 / Section 9799.18
Information sharing.
Status: in_force

(a) General rule.--The Pennsylvania State Police shall, within three business days, make available information provided by an individual set forth in section 9799.13 (relating to applicability) under sections 9799.15(g) and (i) (relating to period of registration), 9799.16(b) (relating to registry) and 9799.19 (relating to initial registration) to:

(1) A jurisdiction in which the individual is required to register the individual's residence, employment or enrollment as a student.

(2) A jurisdiction in which the individual has terminated the individual's residence, employment or enrollment as a student.

(3) The United States Attorney General, the Department of Justice and the United States Marshals Service for inclusion in the National Sex Offender Registry, NCIC and any other database established by such Federal agencies.

(4) The district attorney of the county in which the individual:

(i) establishes a residence or terminates a residence, or is transient;

(ii) commences employment or terminates employment; or

(iii) enrolls as a student or terminates enrollment as a student.

(5) The chief law enforcement officer of the police department of the municipality in which the individual:

(i) establishes a residence or terminates a residence, or is transient;

(ii) commences employment or terminates employment; or

(iii) enrolls as a student or terminates enrollment as a student.

(6) The county office of probation and parole for the county in which the individual:

(i) establishes a residence or terminates a residence, or is transient;

(ii) commences employment or terminates employment; or

(iii) enrolls as a student or terminates enrollment as a student.

(b) When sexual offender fails to appear.--When another jurisdiction notifies this Commonwealth that a sexual offender has terminated his residence, employment or enrollment as a student in that jurisdiction and intends to establish a residence in this Commonwealth, commence employment in this Commonwealth or commence enrollment as a student in this Commonwealth and that sexual offender fails to appear in this Commonwealth to register, the Pennsylvania State Police shall notify the other jurisdiction that the sexual offender failed to appear.

(c) International residence.--The Pennsylvania State Police shall, within three business days, transfer information that a sexual offender intends to establish residence in another country to:

(1) A jurisdiction in which the sexual offender is required to register residence, employment or enrollment as a student.

(2) The United States Marshals Service.

(3) The Department of Justice for inclusion in the National Sex Offender Registry and NCIC.

(d) International travel.--The Pennsylvania State Police shall, within three business days, transfer information about international travel provided by the sexual offender under section 9799.15(i) to:

(1) A jurisdiction in which the sexual offender is required to register the sexual offender's residence, as a transient, employment or enrollment as a student.

(2) The United States Marshals Service.

(3) The Department of Justice for inclusion in the National Sex Offender Registry and NCIC.

(e) National Child Protection Act agencies.--The Pennsylvania State Police shall, within three business days, transfer such criminal history record information about a sexual offender in the registry necessary to enable an agency responsible for conducting employment-related background checks under section 3 of the National Child Protection Act of 1993 (Public Law 103-209, 42 U.S.C. 5119a) to conduct the background checks. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012) 2021 Unconstitutionality. Section 9799.18 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.18 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

Amendment . Act 91 amended subsecs. (a) intro. par.,

(4), (5) and (6) and (d)(1). 2011 Amendment. Act 111 added section 9799.18. Cross References. Section 9799.18 is referred to in section 9799.32 of this title.
42 Pa.C.S. § 3521 — PA Code / Title 42 / Chapter 35 / Section 3521
Development of budget information.
Status: in_force

(a) General rule.--The Administrative Office shall annually obtain and prepare information for the preparation of a budget for the Judicial Department within such time as to comply with the requirements of section 610 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929." The Administrative Office shall distribute to each budget respondent the proper blanks necessary for the preparation of the budget estimates, with a request that such blanks be returned with the information desired, not later than a date specified by the Administrative Office. Such blanks shall be in such form as shall be prescribed by the Administrative Office to procure, as to functions to be funded in whole or in part through appropriations through the budget of the Judicial Department, any or all information pertaining to the purposes of all programs to be funded in the budget, the revenues, expenditures, program activities and accomplishments for the preceding fiscal year, for the current fiscal year and for the budget year and for four succeeding years, the appropriations made for the preceding fiscal year, the expenditures therefrom, encumbrances thereon, the amount unencumbered and unexpended, an itemized estimate of the revenues and expenditures of the current fiscal year, for the budget year and succeeding years, and an estimate of the revenues and amounts needed and program activity and accomplishment levels for such functions. Such blanks shall also request the budget respondent to accompany them with a statement in writing, giving the facts, and an explanation of the methods and reasons for arriving at the estimates of receipts and expenditures for the budget year and for four succeeding years.

(b) Duty to respond.--It shall be the duty of each budget respondent to comply, not later than the date specified by the Administrative Office, with any and all requests made by the Administrative Office in connection with the budget.

(c) Additional information.--The Administrative Office may, under the direction of the governing authority, make further inquiries and investigations as to the financial needs, expenditures, estimates, or revenues, of any recipient of funds

appropriated to the unified judicial system or through the budget of the Judicial Department to a political subdivision, including such information relating to judicial and related functions as the Administrative Office may specify. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended subsec. (a). Cross References. Section 3521 is referred to in sections 3522, 3523 of this title.
42 Pa.C.S. § 6365 — PA Code / Title 42 / Chapter 63 / Section 6365
Powers of foreign probation officers.
Status: in_force

If a child has been placed on probation or protective supervision by a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar law which includes provisions corresponding to this section, and the child is in this Commonwealth with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this Commonwealth with respect to the child as given by this chapter to like officers or persons of this Commonwealth including the right of visitation, counseling, control, and direction, taking into custody, and returning to that state.
42 Pa.C.S. § 6327 — PA Code / Title 42 / Chapter 63 / Section 6327
Place of detention.
Status: in_force

(a) General rule.--A child alleged to be delinquent may be detained only in:

(1) A licensed foster home or a home approved by the court.

(2) A facility operated by a licensed child welfare agency or one approved by the court.

(3) A detention home, camp, center or other facility for delinquent children which is under the direction or supervision of the court or other public authority or private agency, and is approved by the Department of Public Welfare.

(4) Any other suitable place or facility, designated or operated by the court and approved by the Department of Public Welfare. Under no circumstances shall a child be detained in any facility with adults, or where the child is apt to be abused by other children.

(b) Report by correctional officer of receipt of child.--The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court immediately if a person who is or appears to be under the age of 18 years is received at the facility and shall bring him before the court upon request or deliver him to a detention or shelter care facility designated by the court.

(c) Detention in jail prohibited.--It is unlawful for any person in charge of or employed by a jail knowingly to receive for detention or to detain in the jail any person whom he has or should have reason to believe is a child unless, in a criminal proceeding, the child has been charged with or has been found guilty of 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.1) Detention of child.--

(1) A child who is subject to criminal proceedings having been charged with an act set forth under paragraph

(2)(i), (ii) or (iii) of the definition of "delinquent act" in section 6302, who has not been released on bail and who may seek or is seeking transfer to juvenile proceedings under section 6322 (relating to transfer from criminal proceedings) may be detained in a secure detention facility approved by the Department of Public Welfare for the detention of alleged and adjudicated delinquent children if the attorney for the Commonwealth has consented to and the court has ordered the detention.

(2) Secure detention ordered under this subsection shall not affect a child's eligibility for or ability to post bail.

(3) For a child held in secure detention under this subsection, the court shall order the immediate transfer of the child to the county jail if any of the following apply:

(i) The court determines that the child is no longer seeking transfer under section 6322.

(ii) The court denies the motion filed under section 6322.

(iii) The child attains 18 years of age. This subparagraph does not apply if:

(A) the court has granted the motion filed under section 6322; or

(B) the child is otherwise under order of commitment to the secure detention facility pursuant to the jurisdiction of the court in a delinquency matter.

(d) Transfer of child subject to criminal proceedings.--If a case is transferred for criminal prosecution the child may be transferred to the appropriate officer or detention facility in accordance with the law governing the detention of persons charged with crime. The court in making the transfer may order continued detention as a juvenile pending trial if the child is unable to provide bail.

(e) Detention of dependent child.--A child alleged to be dependent may be detained or placed only in a Department of Public Welfare approved shelter care facility as stated in subsection (a)(1), (2) and (4), and shall not be detained in a jail or other facility intended or used for the detention of adults charged with criminal offenses, but may be detained in the same shelter care facilities with alleged or adjudicated delinquent children.

(f) Development of approved shelter care programs.--The Department of Public Welfare shall develop or assist in the development in each county of this Commonwealth approved programs for the provision of shelter care for children needing these services who have been taken into custody under section 6324 (relating to taking into custody) and for children referred to or under the jurisdiction of the court. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 14, 1991, P.L.68, No.9, eff. 60 days; Mar. 29, 1996, P.L.51, No.17, eff.

imd.; Dec. 20, 2000, P.L.946, No.129, eff. 60 days; Oct. 27, 2010, P.L.949, No.96, eff. imd.) 2010 Amendment. Act 96 added subsec. (c.1). Section 4(2) of Act 96 provided that subsec. (c.1) shall apply to a criminal proceeding commenced on or after the effective date of section 4(2). 2000 Amendment. Act 129 amended subsec. (e). 1996 Amendment. Act 17 amended subsec. (c). 1991 Amendment. Act 9 amended subsec. (f). 1978 Amendment. Act 53 amended subsec. (a), relettered subsec. (c) to (d), amended and relettered subsec. (d) to (e) and added subsecs. (c) and (f). See sections 23, 25, 27 and 28 of Act 53 of 1978 in the appendix to this title for special provisions relating to confinement of children with adults, confinement of children in jails, required county detention services and regional detention facilities. 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.