51 Pa.C.S. § 5721 — PA Code / Title 51 / Chapter 57 / Section 5721
Effect of finding of lack of mental capacity on trial proceedings.
Status: in_force

(a) Mental incapacity generally.--When the accused is determined under this part to be suffering from a mental disease or defect rendering him mentally incompetent such that he is unable to understand the nature of the proceedings against him or to conduct or cooperate intelligently in the defense of the case, the general court-martial convening authority for the accused shall commit him to the custody of an agency or facility providing services to persons with such a disease or defect.

(b) Agency or facility action.--The agency or facility providing services shall take action in accordance with the jurisdictional laws applicable to persons incompetent to stand trial. If, at the end of the period for hospitalization, it is determined that the accused's mental condition has not so improved as to permit the trial to proceed, action shall be taken in accordance with the law of the jurisdiction.

(c) Recovery of accused.--When the director of a facility in which the accused is hospitalized determines that the accused has recovered to such an extent that he is able to understand the nature of the proceedings against him and to conduct or cooperate intelligently in the defense of the case, the director shall promptly transmit a notification of that determination to the general court-martial convening authority for the accused. The director shall send a copy of the notification to the defense counsel for the accused.

(d) Receipt of notification of competence.--Upon receipt of a notification transmitted under subsection (c), the general court-martial convening authority shall promptly take custody of the accused unless he is no longer subject to this part. If the accused is no longer subject to this part, the agency or facility with custody of the accused shall take such action as authorized by law of the jurisdiction. The director of the facility may retain custody of the accused for not more than 30 days after transmitting the notifications required under subsection (c).

(e) Court ordering commitment.--In the application of jurisdictional law applicable to persons incompetent to stand trial, references to the court that ordered the commitment of a person and to the clerk of such court shall be deemed to refer to the general court-martial convening authority for the accused. However, if the accused is no longer subject to this part, the State trial court with felony jurisdiction in the county where the accused is hospitalized or otherwise may be found shall be considered as the court that ordered the commitment of the accused.
51 Pa.C.S. § 6042 — PA Code / Title 51 / Chapter 60 / Section 6042
Larceny and wrongful appropriation.
Status: in_force

(a) Offenses defined.--Any person subject to this part who, while in a duty status, wrongfully takes, obtains or withholds by any means whatever from the possession of the true owner or of any other person any money, personal property or article of value of any kind:

(1) with intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, steals such property and is guilty of larceny; or

(2) with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate the same to his own use or the use of any person other than the true owner, is guilty of wrongful appropriation.

(b) Punishment.--Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial may direct.
51 Pa.C.S. § 5108 — PA Code / Title 51 / Chapter 51 / Section 5108
Judge advocates and legal officers.
Status: in_force

(a) Appointment of State Judge Advocate.--The Governor, on the recommendation of the Adjutant General, shall appoint a judge advocate officer of the State military forces as the State Judge Advocate. To be eligible for appointment, such officer shall have been a member of the bar of the Supreme Court for at least five years.

(b) Field inspections.--The State Judge Advocate and the judge advocates of the State military forces or their delegates shall make frequent inspections in the field in supervision of the administration of military justice.

(c) Direct communication.--Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command or with the State Judge Advocate.

(d) Disqualification in case.--No person who has acted as a member, military judge, trial counsel, defense counsel or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.
51 Pa.C.S. § 8904 — PA Code / Title 51 / Chapter 89 / Section 8904
Duty of commission.
Status: in_force

The commission shall:

(1) Fix uniform and equitable standards for determining the need for exemption from the payment of real estate taxes granted by this act. In fixing such uniform and equitable standards, the commission shall apply a rebuttable presumption that an applicant with annual income of $75,000 or less has a need for the exemption. Beginning on January 1, 2009, and every two years thereafter, the commission shall adjust the annual income level qualifying for the rebuttable presumption of need by an amount equal to the change in the Consumer Price Index in the preceding two years. The commission shall publish the adjusted annual income level qualifying for the rebuttable presumption of need as a notice in the Pennsylvania Bulletin.

(2) After submission of proof of need by the applicant for the exemption from payment of real estate taxes, determine the need of the applicant.

(3) Review at least once every five years all determinations of need for exemptions from the payment of real estate taxes which have been granted in order to determine any changes in the economic status of applicants bearing upon the question of need.

(4) Certify the name and address and the need for exemption from payment of real estate taxes, or termination of such need, to the board for the assessment and revision of taxes, or similar board for the assessment of taxes, having jurisdiction of the assessment of the real property owned solely or as an estate by the entirety and occupied as a residence by the person seeking the tax exemption granted by this chapter. (Nov. 29, 2006, P.L.1459, No.161, eff. 60 days)
51 Pa.C.S. § 5507 — PA Code / Title 51 / Chapter 55 / Section 5507
Detail or employment of reporters and interpreters.
Status: in_force

Under such regulations as the Governor or department may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court. Under like regulations, the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
51 Pa.C.S. § 9809 — PA Code / Title 51 / Chapter 98 / Section 9809
Advisory council.
Status: in_force

(a) Establishment.--There is established an advisory council for the program. The advisory council shall consist of the following members and the Adjutant General, who shall serve as a nonvoting, ex officio member. Members of the advisory council shall be appointed as follows:

(1) Three members appointed by the Governor as follows:

(i) The Deputy Adjutant General - Army, or a designee.

(ii) The Deputy Adjutant General - Air, or a designee.

(iii) The Secretary of Education or a designee.

(2) Three members of the Senate appointed by the President pro tempore of the Senate, in consultation with the Majority Leader and Minority Leader of the Senate, with two appointees from the majority party and one appointee from the minority party.

(3) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Majority Leader and Minority Leader of the House of Representatives, with two appointees from the majority party and one appointee from the minority party.

(b) Terms.--Each member of the advisory council shall serve for the duration of the term of the appointing authority, provided that each member may be removed for cause by the member's appointing authority.

(c) Chairperson.--The advisory council shall annually elect a chairperson.

(d) Quorum.--Five members of the advisory council shall constitute a quorum for the purpose of conducting the business of the advisory council. The advisory council shall meet at least quarterly and at other times at the call of the chairperson.

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

(f) Program operation.--The advisory council shall advise the Adjutant General and the department concerning the operation of the program.
51 Pa.C.S. § 3214 — PA Code / Title 51 / Chapter 32 / Section 3214
Additional incentives.
Status: in_force

To the extent that funds are available, the Adjutant General may, by regulation, establish additional incentives to aid in the recruitment and retention of medical officers or health officers in the Pennsylvania National Guard, provided that payment of such additional incentives shall not result in a cap on participation or reduction in the amount of stipends paid under section 3213 (relating to program stipend).
51 Pa.C.S. § 6032 — PA Code / Title 51 / Chapter 60 / Section 6032
Waste, spoilage or destruction of nonmilitary property.
Status: in_force

Any person subject to this part who willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property belonging to the United States, the Commonwealth or any other state shall be punished as a court-martial may direct.
51 Pa.C.S. § 103 — PA Code / Title 51 / Chapter 1 / Section 103
Conformity with Federal legislation.
Status: in_force

It is the intent of this title that it shall be in conformity with all acts and regulations of the United States affecting the same subjects, and all provisions of this title shall be construed to effectuate this purpose.
51 Pa.C.S. § 4109 — PA Code / Title 51 / Chapter 41 / Section 4109
Child custody proceedings during military deployment (Repealed).
Status: repealed

2025 Repeal. Section 4109 was repealed October 27, 2025, P.L.131, No.40, effective in 30 days.
51 Pa.C.S. § 7314 — PA Code / Title 51 / Chapter 73 / Section 7314
Stay of proceedings when military service affects conduct thereof.
Status: in_force

At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within 60 days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in the act of October 17, 1940, known as the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, 50 U.S.C. app. § 501 et seq.), unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added section 7314, retroactive to August 1, 1990.
51 Pa.C.S. § 4644 — PA Code / Title 51 / Chapter 46 / Section 4644
Termination by operation of law of custodial responsibility granted by court order.
Status: in_force

(a) Absence of filed agreement.--If an agreement to terminate an order for temporary custodial responsibility issued under Subchapter C (relating to judicial procedure for granting custodial responsibility during deployment) has not been filed, the order shall terminate 60 days after the deploying parent gives notice, to the other parent and any nonparent granted custodial responsibility, that the deploying parent has returned from deployment.

(b) Applicable law.--A proceeding seeking to prevent termination of an order for temporary custodial responsibility is governed by law of this Commonwealth other than this chapter.
51 Pa.C.S. § 2304 — PA Code / Title 51 / Chapter 23 / Section 2304
Compensation of military officers in service to the Commonwealth.
Status: in_force

The following apply:

(1) The annual salary of the Adjutant General, Deputy Adjutant Generals and general officers that require Federal and State recognition for positions in the Pennsylvania National Guard and who are permanently employed by the Commonwealth shall be paid equivalent to the Federal military base pay of the officer's federally recognized rank and time of service, not to exceed 20 years.

(2) The cost-of-living adjustment shall be based on the annually published active duty military pay scale. (July 2, 2019, P.L.365, No.55, eff. Jan. 1, 2020)
51 Pa.C.S. § 4702 — PA Code / Title 51 / Chapter 47 / Section 4702
Fresh pursuit by forces of other states.
Status: in_force

(a) General rule.--Any military forces, or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this Commonwealth until the military or police forces of this Commonwealth or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons, and are hereby authorized to arrest or capture such persons within this Commonwealth while in fresh pursuit.

(b) Surrender of prisoner to Commonwealth forces.--Any such person who shall be captured or arrested by the military forces of such other state while in this Commonwealth, shall, without unnecessary delay, be surrendered to the military or police forces of this Commonwealth, to be dealt with according to law.

(c) Construction of section.--This section shall not be construed so as to make unlawful any arrest in this Commonwealth which would otherwise be lawful.
51 Pa.C.S. § 5100 — PA Code / Title 51 / Chapter 51 / Section 5100
Short title of part (Repealed).
Status: repealed

2012 Repeal. Section 5100 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.
51 Pa.C.S. § 7105 — PA Code / Title 51 / Chapter 71 / Section 7105
Lack of formal training and education, age or physical impairment.
Status: in_force

(a) Training and education.--In determining whether a veteran possesses the requisite qualifications for an appointment, appointing authorities shall consider relevant training or education received by a veteran during the veteran's service in the armed forces of the United States, including a reserve component or National Guard, in lieu of formal training and education.

(b) Age or physical impairment.--The age or loss of limb or other physical impairment that does not incapacitate a veteran shall not be used to disqualify the veteran, provided the veteran possesses the requisite qualifications to satisfactorily perform in a public position. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
51 Pa.C.S. § 4613 — PA Code / Title 51 / Chapter 46 / Section 4613
Modification or termination of agreement.
Status: in_force

(a) Authorization.--The parents may modify or terminate an agreement regarding custodial responsibility entered into under this subchapter.

(b) Prior to deployment.--

(1) If an agreement is modified before deployment, the modification must be in a record and signed by:

(i) both parents; and

(ii) any nonparent who will exercise custodial responsibility under the modified agreement.

(2) If an agreement is terminated before deployment, the termination must be in a record and signed by both parents.

(c) During deployment.--

(1) If an agreement is modified during deployment, the modification must be agreed to in a record by:

(i) both parents; and

(ii) any nonparent who will exercise custodial responsibility under the modified agreement.

(2) If an agreement is terminated during deployment, the termination must be agreed to in a record by both parents.

Cross References. Section 4613 is referred to in section 4612 of this title.
51 Pa.C.S. § 509 — PA Code / Title 51 / Chapter 5 / Section 509
Coordination with adjacent states.
Status: in_force

The Governor shall confer with the Governors or proper authorities of adjacent states for the purpose of coordinating and providing for the mutual defense and the internal security and for the exchange of authority to employ the Pennsylvania military forces in other states, and the employment of their armed forces within the boundaries of this Commonwealth. This power may be delegated to the Adjutant General.
51 Pa.C.S. § 6015 — PA Code / Title 51 / Chapter 60 / Section 6015
Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.
Status: in_force

Any warrant officer or enlisted member who:

(1) strikes or assaults a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer or petty officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.
51 Pa.C.S. § 7316 — PA Code / Title 51 / Chapter 73 / Section 7316
Maximum rates of interest and scheduling of debts.
Status: in_force

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

(b) Maximum rates of interest.--No obligation or liability bearing interest at a rate in excess of the rate established under section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, 50 U.S.C. App. § 526), as may be amended from time to time, incurred by a person in military service, as described in subsection (a), shall, during any part of the period of service which occurs after the enactment of this section, bear interest at a rate in excess of the rate under section 206, calculated as an annual percentage rate in accordance with applicable laws and regulations, unless, in the opinion of the court, upon application thereto by the obligee, the ability of the person in the military service to pay interest upon the obligation or liability at a rate in excess of the rate under section 206 is not materially affected by reason of service, in which case the court may make the order as in its opinion may be just.

(c) Recalculation of repayment schedule.--Upon the reduction of the annual rate of interest pursuant to this section, there shall be a corresponding and proportionate reduction of the amount of any periodic payments made to satisfy the obligation based on a recalculation of the repayment schedule with the same repayment frequency and an interest rate equal to the rate established under section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940, amortized over the original term of the loan.

(d) Rescheduling of debt payments.--When a member's income is materially reduced as a result of his being called or ordered to active duty, the member, his spouse or his agent or attorney-in-fact may apply to his creditors for a rescheduling of his debt payments to take into account the material reduction in his income. The member, his spouse or his agent or attorney-in-fact shall provide the creditor with a statement of his income prior to being called or ordered to active duty and his income thereafter. Based on proof of a material reduction in income, the creditor shall thereafter adjust or reschedule the monthly or other periodic payments of the member. Nothing in this subsection shall be construed to relieve a member of the obligation to repay the principal of his debt after his release or discharge from active duty and restoration of his income at periodic payments equal to those in effect prior to activation.

(e) Interest.--As used in this section, the term "interest" includes service charges, renewal fees, fees or any other charges, except bona fide insurance, in respect of the obligation or liability. (Apr. 16, 1992, P.L.161, No.29, eff. imd.) 1992 Amendment. Act 29 added section 7316.
51 Pa.C.S. § 4624 — PA Code / Title 51 / Chapter 46 / Section 4624
Failure to appear.
Status: in_force

The failure of a deploying parent to appear in court due to deployment shall not, by itself, be sufficient to justify a modification of an order concerning custodial responsibility.
51 Pa.C.S. § 9303 — PA Code / Title 51 / Chapter 93 / Section 9303
Charitable status of certain veterans' organizations.
Status: in_force

(a) General rule.--Notwithstanding any other law to the contrary, any branch, post or camp of honorably discharged servicemen or servicewomen or an affiliated organization thereof shall be:

(1) Exempt from sales and use taxes imposed under
51 Pa.C.S. § 3210.4 — PA Code / Title 51 / Chapter 32 / Section 3210.4
Military Family Education Program grants.
Status: in_force

(a) General rule.--From the funds appropriated for the purposes of this subchapter, Military Family Education Program grants shall be provided to eligible family members for the

purpose of pursuing an approved program of education. A Military Family Education Program grant shall be treated as a benefit earned by an eligible member for honorable service to the country and this Commonwealth.

(b) Promissory note.--Prior to entry into the Military Family Education Program the eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the family member's Military Family Education Program grant if the eligible member fails to satisfactorily fulfill the eligible member's obligation. The promissory note shall become payable upon noncompletion of the service obligation under section 3210.7(a) (relating to recoupment of Military Family Education Program grant payments). Cross References. Section 3210.4 is referred to in section 3210.7 of this title.
51 Pa.C.S. § 1500 — PA Code / Title 51 / Chapter 15 / Section 1500
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:

"Board." The State Armory Board established under this chapter.

"Fund." The State Treasury Armory Fund established under section 1511 (relating to State Treasury Armory Fund). (July 7, 2022, P.L.494, No.48, eff. 60 days) 2022 Amendment. Act 48 added section 1500.
51 Pa.C.S. § 3217 — PA Code / Title 51 / Chapter 32 / Section 3217
Adjustment of stipend amounts.
Status: in_force

Beginning on January 1, 2016, and every two years thereafter, the Adjutant General may adjust, by notice published in the Pennsylvania Bulletin, the amounts of the stipends set forth in this subchapter by an amount equal to the change in the applicable Consumer Price Index in the preceding two years provided that the Adjutant General finds sufficient funds are appropriated and available to pay for the adjusted stipends.
51 Pa.C.S. § 1905 — PA Code / Title 51 / Chapter 19 / Section 1905
Pennsylvania Veterans' Memorial Trust Fund (Repealed).
Status: repealed

2018 Repeal. Section 1905 was repealed June 28, 2018, P.L.432, No.64, effective in 60 days.
51 Pa.C.S. § 6001 — PA Code / Title 51 / Chapter 60 / Section 6001
Principals.
Status: in_force

Any person subject to this part who:

(1) commits an offense punishable by this part or aids, abets, counsels, commands or procures its commission; or

(2) causes an act to be done which if directly performed by him would be punishable by this part; is a principal.
51 Pa.C.S. § 5602 — PA Code / Title 51 / Chapter 56 / Section 5602
Compulsory self-incrimination prohibited.
Status: in_force

(a) General rule.--No person subject to this part shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate the person.

(b) Advising accused of rights.--No person subject to this part shall interrogate or request any statement from an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising the person that he does not have to make any statement regarding the offense of which he is accused or suspected, that the person has a right to be represented by counsel and that any statement made by the person may be used as evidence against him in a trial by court-martial.

(c) Immaterial or degrading evidence.--No person subject to this part shall compel any person to make a statement or produce evidence before any military court if the statement or evidence is not material to the issue and may tend to degrade the person.

(d) Unlawfully obtained statement inadmissible.--No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence or unlawful inducement shall be received in evidence against him in a trial by court-martial.
51 Pa.C.S. § 9508 — PA Code / Title 51 / Chapter 95 / Section 9508
Civil liability and unprofessional conduct.
Status: in_force

(a) Repackaging and relabeling.--A person authorized under section 9505(a) (relating to third-party drugs in long-term care facilities, assisted living residences and personal care homes) to dispense a drug shall be immune from civil liability arising out of dispensation of the drug if the person properly repackages and relabels a drug based on the information received from the original drug source facility.

(b) Administration of drug.--A long-term care facility, assisted living residence or personal care home or an employee or agent of a long-term care facility, assisted living residence or personal care home that properly administers a drug from a person authorized under section 9505(a) to dispense the drug shall be immune from civil liability arising out of administration of the drug.

(c) Unprofessional conduct.--A pharmacist authorized under section 9505(a) to dispense a drug who properly relabels and repackages the drug shall not be deemed to have engaged in unprofessional conduct under section 5(9) of the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act. (Oct. 14, 2014, P.L.2511, No.147, eff. 60 days) Cross References. Section 9508 is referred to in section 9505 of this title.
51 Pa.C.S. § 6006 — PA Code / Title 51 / Chapter 60 / Section 6006
Solicitation.
Status: in_force

(a) Desertion and mutiny.--Any person subject to this part who solicits or advises another or others to desert in violation of section 6009 (relating to desertion) or mutiny in violation of section 6018 (relating to mutiny or sedition) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.

(b) Misbehavior before enemy and sedition.--Any person subject to this part who solicits or advises another or others

to commit an act of misbehavior before the enemy in violation of section 6023 (relating to misbehavior before enemy) or sedition in violation of section 6018 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
51 Pa.C.S. § 2502 — PA Code / Title 51 / Chapter 25 / Section 2502
Physical qualifications of officers and enlisted personnel.
Status: in_force

The Governor will, by executive order, prescribe the age limitations and physical qualifications which will govern both officers and enlisted personnel in the Pennsylvania Guard, but no person shall be refused enlistment or a commission or in any way be discriminated against in the administration of this title by reason of his race, color, sex, creed or national origin.
51 Pa.C.S. § 2312 — PA Code / Title 51 / Chapter 23 / Section 2312
Discharge of enlisted personnel.
Status: in_force

(a) General rule.--An enlisted person discharged from service in the Pennsylvania National Guard shall receive a discharge in writing in such form and with such classification as shall be prescribed by the National Guard Bureau, and in time of peace discharges may be given prior to the expiration of terms of enlistment, under such regulations as the Governor may prescribe, subject to the restrictions of the National Defense Act, or amendments thereto.

(b) Termination of Federal service.--On termination of an emergency in which enlisted personnel of the Pennsylvania National Guard shall have been called into the Federal service by the President of the United States in accordance with the provisions of the National Defense Act, such enlisted personnel

shall continue to serve in the National Guard until the dates upon which their enlistment entered into prior to their call into the Federal service would have expired if uninterrupted.

(c) Termination of enlistment.--The term of enlistment of every enlisted person's enlistment contract will be for the period of his enlistment or until terminated by reason of any of the following:

(1) Death.

(2) Reaching the maximum age-in-grade limitations provided in Army and Air National Guard regulations.

(3) Physical disqualification.

(4) Any other reason enumerated in this title or for reasons specified in Army or Air National Guard regulations.

(d) Failure to meet qualifications.--In addition to the provisions of subsection (c), if during the term of enlistment it is determined that an enlisted person does not meet all the prescribed qualifications specified by the Federal regulations and if a waiver is not appropriate or authorized, then the enlisted person shall be discharged.
51 Pa.C.S. § 5902 — PA Code / Title 51 / Chapter 59 / Section 5902
Action by convening authority.
Status: in_force

(a) Report to convening authority.--The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence.

(b) Copy of record to accused.--In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by subsection (c).

(c) Submission of matters by accused to the convening authority.--The following shall apply to the submission of matters by an accused to the convening authority:

(1) The accused may submit to the convening authority matters for consideration by the convening authority with respect to the findings and the sentence. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within ten days after the accused has been given an authenticated record of trial and, if applicable, the recommendation of a judge advocate under subsection (g). In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced.

(2) If the accused shows that additional time is required for the accused to submit matters under paragraph

(1), the convening authority or other person taking action under this section may, for good cause, extend the applicable period under paragraph (1) for not more than an additional 20 days.

(3) The accused may waive the right to make a submission to the convening authority under paragraph (1). Such a waiver must be made in writing and may not be revoked. The time within which the accused may make a submission under paragraph (1) shall be deemed to have expired upon the submission of a waiver to the convening authority.

(d) Action by the convening authority.--The authority of a convening authority to modify the findings and sentence of a court-martial is a matter of command prerogative and involves the sole discretion of the convening authority. No action is required to be taken by the convening authority. If action is taken by the convening authority, it must consider all matters submitted by the accused. If it is impractical for the convening authority to act, the convening authority shall forward the case to a person exercising general court-martial jurisdiction who may take action under this section.

(e) Actions by authority on sentence.--The authority authorized to take action may:

(1) Approve the sentence in whole or in part.

(2) Disapprove the sentence in whole or in part.

(3) Commute the sentence in whole or in part.

(4) Suspend the sentence in whole or in part.

(f) Action by authority on findings.--The authority authorized to take action may:

(1) Dismiss any charge or specification by setting aside a finding of guilty.

(2) Change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.

(g) Recommendation of judge advocate.--Before acting on any general or special court-martial case in which there is a finding of guilt, the convening authority or other person taking action shall obtain and consider the written recommendation of a judge advocate. The convening authority or other authorized party shall refer the record of trial to a judge advocate, and the judge advocate shall use such record in the preparation of the recommendation. The recommendation of the judge advocate shall include such matters as may be prescribed by regulation by the Governor or department and shall be served on the accused, who may submit any matter in the recommendation to the convening authority under subsection (c). An accused's failure to include any matter in the recommendation or attached to the recommendation in his submission waives his right to object to such matter. Cross References. Section 5902 is referred to in section 5918 of this title.
51 Pa.C.S. § 7104 — PA Code / Title 51 / Chapter 71 / Section 7104
Preference in appointment.
Status: in_force

(a) Non-civil service.--Whenever a veteran possesses the requisite qualifications for appointment to a public position that is not subject to civil service appointment examination and the veteran is otherwise eligible for appointment, the appointing authority in making the appointment shall give preference to the veteran. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.

(b) Name on civil service list.--Whenever a veteran's name appears on an eligible list certified or provided as the result of a civil service examination, the appointing authority in making an appointment to a public position shall give preference to the veteran, notwithstanding the veteran's standing on the

eligible list if the appointment is otherwise made in accordance with 71 Pa.C.S. § 2402 (relating to selection and appointment of eligibles). A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.

(c) Name not on civil service list.--In making an appointment to a public position where a civil service examination is required, an appointing authority may give preference to a veteran who has passed the required examination for appointment to such position and otherwise possesses the requisite qualifications of the public position, notwithstanding that the veteran's name does not appear on the eligible list certified or provided to the appointing authority. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
51 Pa.C.S. § 6039 — PA Code / Title 51 / Chapter 60 / Section 6039
Provoking speeches or gestures.
Status: in_force

Any person subject to this part who uses provoking or reproachful words or gestures towards any other person subject to this part shall be punished as a court-martial may direct.
51 Pa.C.S. § 6019 — PA Code / Title 51 / Chapter 60 / Section 6019
Resistance, flight, breach of arrest and escape.
Status: in_force

Any person subject to this part who resists apprehension, flees from apprehension, breaks arrest or escapes from custody or confinement shall be punished as a court-marital may direct.
51 Pa.C.S. § 5706 — PA Code / Title 51 / Chapter 57 / Section 5706
Challenges.
Status: in_force

(a) Challenges for cause.--The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause and shall not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. If exercise of a challenge for cause reduces the court below the minimum number of members required by section 5401 (relating to courts-martial classified), the parties shall,

notwithstanding section 5508 (relating to absent and additional members), exercise or waive any challenge for cause against the remaining members of the court before additional members are detailed to the court.

(b) Preemptory challenges.--Each accused and the trial counsel are entitled to one initial peremptory challenge of members of the court. The military judge may not be challenged except for cause. When new members are detailed to the court to meet the minimum number of members required by section 5401 and after any challenges for cause against the new members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
51 Pa.C.S. § 5708 — PA Code / Title 51 / Chapter 57 / Section 5708
Statute of limitations.
Status: in_force

(a) Two-year limitation.--Except as otherwise provided in this part, a person subject to this part charged with any offense shall not be liable to be tried by court-martial or punished under section 5301 (relating to commanding officer's nonjudicial punishment) if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of nonjudicial punishment under section 5301.

(b) Computation of period of limitation.--The following shall be excluded in computing the period of limitation prescribed in this section:

(1) Periods in which the accused was absent without authority or fleeing from justice.

(2) Periods in which the accused was absent from territory in which the Commonwealth has the authority to apprehend him or in the custody of civil authorities or in the hands of the enemy.

(3) When the United States is at war, periods during war and until two years after the termination of hostilities as proclaimed by the President or by a joint resolution of Congress, when the accused commits any offense:

(i) involving fraud or attempted fraud against the United States, the Commonwealth or any agency thereof in any manner, whether by conspiracy or not;

(ii) in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or the Commonwealth; or

(iii) in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order which is connected with or related to the prosecution of the war or with any disposition of termination inventory by any war contractor or government agency.

(c) Subsequent action not barred.--If charges or specifications are dismissed before trial as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications:

(1) are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; and

(2) allege the same acts or omissions that were included in the dismissed charges or specifications. Cross References. Section 5708 is referred to in section 5105 of this title.
51 Pa.C.S. § 6040 — PA Code / Title 51 / Chapter 60 / Section 6040
Perjury.
Status: in_force

Any person subject to this part who, in a judicial proceeding, in a course of justice conducted under this part or in any administrative proceeding conducted by the State military forces under military regulations, willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
51 Pa.C.S. § 3228 — PA Code / Title 51 / Chapter 32 / Section 3228
Administration.
Status: in_force

The department shall issue guidelines to implement and administer this subchapter.
51 Pa.C.S. § 502 — PA Code / Title 51 / Chapter 5 / Section 502
Acceptance of Federal allotment for Pennsylvania National Guard.
Status: in_force

The Governor shall accept for the Commonwealth allotments of military personnel and equipment and their apportionment to the various arms and services proposed by the Department of Defense for the Pennsylvania National Guard as he may, in his discretion, deem proper for the Commonwealth to accept.
51 Pa.C.S. § 1904 — PA Code / Title 51 / Chapter 19 / Section 1904
Duties of commission (Expired).
Status: reserved

2005 Expiration. Section 1904 expired June 30, 2005. See Act 8 of 2003.
51 Pa.C.S. § 6024 — PA Code / Title 51 / Chapter 60 / Section 6024
Subordinate compelling surrender.
Status: in_force

Any person subject to this part who compels or attempts to compel a commander of any place, vessel, aircraft or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it or who strikes the colors or flag to an enemy without proper authority shall be punished as a court-martial may direct.
51 Pa.C.S. § 1703 — PA Code / Title 51 / Chapter 17 / Section 1703
General powers and duties.
Status: in_force

The commission shall advise the Adjutant General and the department on all matters pertaining to the status, welfare, benefits, employment and support of veterans and veterans' programs in this Commonwealth and shall perform such other functions as are provided by law.
51 Pa.C.S. § 5720 — PA Code / Title 51 / Chapter 57 / Section 5720
Defense of lack of mental responsibility.
Status: in_force

(a) General rule.--It shall be an affirmative defense in a trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect does not otherwise constitute a defense.

(b) Burden of proof.--The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.

(c) Instructions or findings by military judge.--Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall:

(1) in a court-martial not composed of only a military judge, instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility; or

(2) in a court-martial composed of only a military judge, find the accused guilty, not guilty or not guilty only by reason of lack of mental responsibility.

(d) Finding of not guilty.--Notwithstanding section 5717 (relating to number of votes required), the accused shall be found not guilty only by reason of lack of mental responsibility if:

(1) a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established; or

(2) in the case of a court-martial composed of only a military judge, the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
51 Pa.C.S. § 7402 — PA Code / Title 51 / Chapter 74 / Section 7402
Workplace posting.
Status: in_force

(a) Creation.--The department shall create a standardized workplace posting for placement by an employer. The Department of Labor and Industry shall place the workplace posting on the department's publicly accessible Internet website so that an employer can print a copy of the workplace posting.

(b) Placement.--The workplace posting shall be displayed by an employer in a conspicuous area accessible to employees. An employer may comply with this subsection by placing the workplace posting on an employer's Internet website that is accessible to employees.

(c) Contents.--The workplace posting shall include the following:

(1) Contact and website information for the department.

(2) Information and contacts for a range of Federal and State benefits and services for veterans and veterans' families.

(3) Contact information for the United States Department of Veterans Affairs Crisis Line.

(4) Contact information for county directors of veterans affairs.

(d) Policy.--The following shall apply to the workplace posting:

(1) The department shall transmit notice of the content of the workplace posting to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

(2) The workplace posting shall not be subject to review under the following:

(i) Section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(ii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(iii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. Effective Date. Section 3 of Act 31 of 2025 provided that the addition of subsec. (b) shall take effect in 180 days and 90 days for the remainder of the section. Cross References. Section 7402 is referred to in section 7401 of this title.
51 Pa.C.S. § 6104 — PA Code / Title 51 / Chapter 61 / Section 6104
Complaints of wrongs.
Status: in_force

Any member of the State military forces who believes himself wronged by a commanding officer and who, upon due application to that commanding officer, is refused redress may complain to any superior commissioned officer who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine the complaint and take proper measures for redressing the wrong. The officer shall, as soon as possible, send to the Adjutant General a statement of the complaint, with a statement of the measures taken to address the wrong.
51 Pa.C.S. § 7901 — PA Code / Title 51 / Chapter 79 / Section 7901
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:

"Agent Orange." The herbicide composed of trichlorophenoxyacetic acid and dichlorophenoxyacetic acid and the contaminant dioxin (TCDD).

"Vietnam herbicide." The herbicides, defoliants and other causative agents containing dioxin, including Agent Orange, used in the Vietnam Conflict.
51 Pa.C.S. § 6009 — PA Code / Title 51 / Chapter 60 / Section 6009
Desertion.
Status: in_force

(a) Offense defined.--Any member of the State military forces who:

(1) without authority goes or remains absent from his unit, organization or place of duty with intent to remain away from there permanently;

(2) quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the State military forces, enlists or accepts an appointment in the same or another one of the State military forces, or in one of the armed forces of the United States, without fully disclosing the fact that he has not been regularly separated or enters any foreign armed service, except when authorized by the United States; is guilty of desertion.

(b) Commissioned officer tendering resignation.--Any commissioned officer of the State military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away from there permanently is guilty of desertion.

(c) Punishment.--Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by confinement of not more than five years or such other punishment as a court-martial may direct. If the desertion or attempt to desert occurs at any other time, the person shall be punished as a court-martial may direct. Cross References. Section 6009 is referred to in section 6006 of this title.
51 Pa.C.S. § 6029 — PA Code / Title 51 / Chapter 60 / Section 6029
Misconduct of prisoner.
Status: in_force

Any person subject to this part who, while in the hands of the enemy in time of war:

(1) for the purpose of securing favorable treatment by his captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(2) while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.
51 Pa.C.S. § 5107 — PA Code / Title 51 / Chapter 51 / Section 5107
Territorial applicability.
Status: in_force

(a) General rule.--This part has applicability at all times and in all places, provided that the person accused is subject to this part and subject matter jurisdiction is established under section 5104 (relating to subject matter jurisdiction).

(b) Location of proceedings.--Courts-martial and courts of inquiry may be convened and held in units of the State military forces while those units are serving outside this Commonwealth with the same jurisdiction and powers as to persons subject to this part as if the proceedings were held inside this Commonwealth, and persons subject to this part accused of committing offenses outside this Commonwealth shall be subject to trial and punishment either inside or outside this Commonwealth.
51 Pa.C.S. § 2303 — PA Code / Title 51 / Chapter 23 / Section 2303
Oath of commissioned and warrant officers.
Status: in_force

All commissioned officers and warrant officers shall take the following oath: "I,........., do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor

of the Commonwealth of Pennsylvania; that I make this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of.............................in the National Guard of the Commonwealth of Pennsylvania upon which I am about to enter, so help me God."
51 Pa.C.S. § 102 — PA Code / Title 51 / Chapter 1 / Section 102
Definitions.
Status: in_force

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

"Armory." As follows:

(1) Land, buildings and fixtures under the control of the department, which are used for housing, maintaining and supporting the Pennsylvania military forces, the Pennsylvania National Guard or the Pennsylvania Guard.

(2) The term includes land, buildings and fixtures at Fort Indiantown Gap, which are used for the purposes specified under paragraph (1).

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

"National Defense Act." The act of Congress, entitled "An act for making further and more effectual provisions for the

National Defense and for other purposes," approved June 3, 1916, its amendments and supplements.

"National Guard of the United States." The Army National Guard of the United States and the Air National Guard of the United States.

"Officer." Commissioned or warrant officer.

"Order." General or special order, oral or written, whether issued pursuant to State or Federal authority.

"Pennsylvania Guard." Those organized units of the Pennsylvania military forces which are not Federally recognized or which serve under the authority of the Governor when the Pennsylvania National Guard, in whole or in part, is on extended Federal active duty.

"Pennsylvania military forces." The land, air and sea military units organized for the internal security of this Commonwealth.

"Pennsylvania National Guard." The Pennsylvania Army National Guard and the Pennsylvania Air National Guard. (Dec. 21, 1995, P.L.737, No.80, eff. imd.; July 7, 2022, P.L.494, No.48, eff. 60 days) 2022 Amendment. Act 48 amended the def. of "armory." 1995 Amendment. Act 80 amended the def. of "department."
51 Pa.C.S. § 907 — PA Code / Title 51 / Chapter 9 / Section 907
Augmenting department headquarters staff.
Status: in_force

(a) General rule.--With the approval of the Governor, the Adjutant General may augment the department headquarters with qualified personnel in the following categories: Retired Pennsylvania National Guard. Inactive Pennsylvania National Guard. Pennsylvania Guard. Retired Personnel, any Federal armed service.

(b) Status of appointed personnel.--Personnel so appointed shall be assigned by the Governor and shall have all the rights, privileges and responsibilities under this title granted military personnel, and will take rank according to date of commission. Officers, warrant officers and enlisted personnel thus appointed will not be entitled to pay and allowances for drill or instruction periods but will be entitled to regular expenses as authorized when performing official duties away from home stations unless otherwise prohibited by the Constitution of Pennsylvania.

(c) Absence of headquarters staff.--During the absence of the Federally recognized Headquarters and Headquarters

Detachment of the Pennsylvania National Guard under call or order in the service of the United States, the Adjutant General is authorized to form a State Staff and Detachment of the Pennsylvania Guard to carry out the duties and responsibilities of the department in connection with the military forces of this Commonwealth.
51 Pa.C.S. § 5705 — PA Code / Title 51 / Chapter 57 / Section 5705
Continuances.
Status: in_force

The military judge of a court-martial or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
51 Pa.C.S. § 5904 — PA Code / Title 51 / Chapter 59 / Section 5904
Reconsideration and revision.
Status: in_force

(a) General rule.--The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.

(b) Revision not authorized.--In no case may a proceeding in revision:

(1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;

(2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or

(3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
51 Pa.C.S. § 6003 — PA Code / Title 51 / Chapter 60 / Section 6003
Conviction of lesser included offense.
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
51 Pa.C.S. § 6004 — PA Code / Title 51 / Chapter 60 / Section 6004
Attempts.
Status: in_force

(a) Attempt defined.--An act done with specific intent to commit an offense under this part amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense.

(b) Punishment.--Any person subject to this part who attempts to commit any offense punishable by this part shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c) Effect of consummation of offense.--Any person subject to this part may be convicted of an attempt to commit an offense although it appears at the trial that the offense was consummated.
51 Pa.C.S. § 9811 — PA Code / Title 51 / Chapter 98 / Section 9811
Audit required.
Status: in_force

The department shall undergo an annual audit of the program. The audit shall be conducted by a qualified independent certified public accountant under generally accepted audit standards of the Governmental Accounting Standards Board. The audit shall be submitted to the following:

(1) The chairperson and minority chairperson of the Education Committee of the Senate.

(2) The chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate.

(3) The chairperson and minority chairperson of the Education Committee of the House of Representatives.

(4) The chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives.
51 Pa.C.S. § 4606 — PA Code / Title 51 / Chapter 46 / Section 4606
General consideration of parent's military service.
Status: in_force

In a proceeding for custodial responsibility of a child of a deploying parent, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent's past or possible future deployment.
51 Pa.C.S. § 105 — PA Code / Title 51 / Chapter 1 / Section 105
Veteran of Korean Armed Forces.
Status: in_force

(a) Eligibility.--Any resident of this Commonwealth who is an eligible veteran of the Korean Armed Forces, a duly naturalized citizen of the United States and has been recognized by the United States Department of Veterans Affairs under 38 U.S.C. § 109 (relating to benefits for discharged members of allied forces) shall be afforded the same rights, benefits, recognition and privileges as afforded to veterans of the United States military forces.

(b) Proof of service.--Any appropriate Commonwealth agency or department may request supporting documentation to determine that an individual applying for benefits or recognition is an eligible veteran of the Korean Armed Forces. A request may include discharge or separation papers or other documents of proof to establish military service and documents from the United States Department of Veterans Affairs.

(c) Definition.--As used in this section, the term "eligible veteran of the Korean Armed Forces" shall mean any member of the Republic of Korea Armed Forces who served on active duty in the Vietnam War between January 9, 1962, and May 7, 1975, and has been recognized by the United States Department of Veterans Affairs under 38 U.S.C. § 109. (June 30, 2025, P.L.17, No.10, eff. 60 days) 2025 Amendment. Act 10 added section 105.
51 Pa.C.S. § 3210.5 — PA Code / Title 51 / Chapter 32 / Section 3210.5
Amount of Military Family Education Program grants.
Status: in_force

(a) Full-time Military Family Education Program grant.--Military Family Education Program grants awarded under this subchapter to full-time students shall be determined by the agency without regard to financial need and shall not exceed for each academic year the lesser of:

(1) the tuition rate of the approved institution of higher learning for the number of credit hours per semester or its equivalent for the approved program of education in which the family member is enrolled; or

(2) the annual tuition rate charged by a State System of Higher Education institution for the academic year.

(b) Part-time Military Family Education Program grants.--Military Family Education Program grants awarded under this subchapter to part-time students who may or may not possess a baccalaureate degree shall be determined by the agency without regard to financial need and shall not exceed for each academic year or period the lesser of:

(1) the tuition charged by the approved institution of higher learning for the number of credit hours per semester or its equivalent in which the family member is enrolled; or

(2) the annual tuition rate charged by a State System of Higher Education institution for the number of credit hours per semester or its equivalent in which the family member is enrolled for the same academic year or period.

(c) Other grants and financial aid.--

(1) The agency shall not reduce the amount of other agency grants or aid for which the family member qualifies on account of the family member's eligibility for or receipt of a Military Family Education Program grant under this subchapter.

(2) Prior to making a Military Family Education Program grant under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the family member and then shall award a Military Family Education Program grant under this subchapter if the family member requires additional financial aid to cover the costs of attendance for an approved program of higher education. A Military Family Education Program grant under this subchapter shall be paid or refunded to the family member for approved costs of attendance. Military Family Education Program grants authorized under this section shall be reduced so that the total of all Federal and State military education benefits, as administered by the

Pennsylvania National Guard, does not exceed 100% of the costs of attendance.

(d) Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the Military Family Education Program in any year will be insufficient to provide Military Family Education Program grants in the amounts set forth in this section to all family members, the agency and the department may reduce the maximum amount of the Military Family Education Program grants proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations.

(e) Limit on charges.--Family members attending a State System of Higher Education institution shall not be charged additional tuition above the annual tuition rate.

(f) Limit on tuition.--At no time may a State System of Higher Education institution charge a family member more than the in-State rate.
51 Pa.C.S. § 7106 — PA Code / Title 51 / Chapter 71 / Section 7106
Preferential rating provision in public works specifications.
Status: in_force

Whenever the Commonwealth issues specifications for the construction, alteration or repair of any public works, such specifications shall include a provision under which the contractors and subcontractors shall agree to give a hiring preference similar to that given by the Commonwealth to any veteran making application for employment upon such public works. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
51 Pa.C.S. § 4101 — PA Code / Title 51 / Chapter 41 / Section 4101
Equality of treatment and opportunity for members.
Status: in_force

It is hereby declared to be the policy of this Commonwealth that there shall be equality of treatment and opportunity for all persons in the Pennsylvania National Guard and the Pennsylvania Guard, without regard to race, creed, color, national origin or sex. Such policy shall be put into effect giving due regard to the powers of the Federal Government which are or may be exercised over the Pennsylvania National Guard and to the time required to effectuate changes without impairing the efficiency or morale of the Pennsylvania National Guard.
51 Pa.C.S. § 5401 — PA Code / Title 51 / Chapter 54 / Section 5401
Courts-martial classified.
Status: in_force

The three kinds of courts-martial in the State military forces are:

(1) General courts-martial, consisting of:

(i) a military judge and not less than five members; or

(ii) only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves.

(2) Special courts-martial, consisting of:

(i) a military judge and not less than three members; or

(ii) only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (1)(ii) so requests.

(3) Summary courts-martial, consisting of one commissioned officer. Cross References. Section 5401 is referred to in sections 5508, 5706 of this title.
51 Pa.C.S. § 9301 — PA Code / Title 51 / Chapter 93 / Section 9301
Reports of annual conventions.
Status: in_force

(a) Printing and distribution by Commonwealth.--Whenever the department commanders of the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars of the United States, the American Legion, the Disabled American Veterans of the World War, the Veterans of World War I of the U.S.A., Inc., the American Veterans of World War II (AMVETS), Military Order of the Purple Heart, Jewish War Veterans, Catholic War Veterans, Inc., The Society of the 28th Division, A.E.F., the Marine Corps League and the Italian American War Veterans of the United States, Incorporated, shall report to the Department of Property and Supplies the proceedings of the annual encampment or conventions of their respective departments, with such general and special orders and circulars and other data which may form a part of said proceedings, then the said proceedings, so reported, shall be considered

Commonwealth records, and under the direction of the Department of Property and Supplies, shall be printed and bound, and a printed and bound copy thereof shall be sent to each post or detachment in this Commonwealth of the organization of whose proceedings the same is a report.

(b) Number of copies printed and distributed.--Not more than 1500 copies of each of such annual reports shall be printed and bound, and the balance remaining after the distribution provided for in subsection (a) may be requisitioned as follows:

(1) State Librarian, 300 copies.

(2) Legislative Reference Bureau and Senate Library, ten copies.

(3) Executive head of the organization of whose proceedings it is a report, the remaining copies. References in Text. The Department of Property and Supplies, referred to in subsec. (a), is now the Department of General Services. Section 21(a) of the act of July 22, 1975, P.L.75, No.45 provided that statutory reference to the Department of Property and Supplies shall be deemed to be a reference to the Department of General Services.
51 Pa.C.S. § 5408 — PA Code / Title 51 / Chapter 54 / Section 5408
Confinement instead of fine (Repealed).
Status: repealed

2012 Repeal. Section 5408 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.
51 Pa.C.S. § 3301 — PA Code / Title 51 / Chapter 33 / Section 3301
Pay and expenses of officers and enlisted personnel.
Status: in_force

(a) Armory drills.--All officers and enlisted personnel will receive pay for armory assemblies not to exceed 60 assembly days in any one year. The rate of pay shall be in accordance with the corresponding grades and length of service of the current Armed Forces Pay and Allowance Act. An assembly shall consist of at least four hours of training.

(b) Active State service.--In the event of a calling of all or any part of the Pennsylvania Guard into active State service, the pay and transportation of officers and enlisted personnel shall be on the same basis as provided for similar grades under the current Armed Forces Pay and Allowance Act.

(c) Annual training.--The Governor is further authorized to provide an annual training period for the Pennsylvania Guard, not to exceed 30 days in any one year, during which period the pay, allowances and transportation of officers and enlisted personnel shall be on the same basis as provided for similar grades in the current Armed Forces Pay and Allowance Act. (Oct. 4, 1978, P.L.909, No.173, eff. 60 days) 1978 Amendment. Act 173 amended subsec. (c).
51 Pa.C.S. § 506 — PA Code / Title 51 / Chapter 5 / Section 506
Organization of Pennsylvania Guard for emergency.
Status: in_force

Whenever the Pennsylvania National Guard, or any part thereof, shall be called or ordered into the service of the United States, the Governor may organize units of the Pennsylvania Guard for the internal security of this Commonwealth. The Governor shall comply with the laws of the United States for the organization, maintenance and functioning of this force. The Governor is further empowered to organize at any time a nucleus of Pennsylvania Guard personnel for the purpose of planning.
51 Pa.C.S. § 901 — PA Code / Title 51 / Chapter 9 / Section 901
Appointment of Adjutant General, deputies and assistants.
Status: in_force

(a) Appointment.--The Governor shall appoint the Adjutant General with the advice and consent of the Senate. The Adjutant General may appoint a Deputy Adjutant General for Army and a Deputy Adjutant General for Air, and such other Deputy Adjutants General and Assistant Adjutants General as in his discretion are needed for the efficient functioning of the department. The positions of Assistant Adjutant General, Army, and Assistant Adjutant General, Air, in the grades of brigadier general or major general, shall be authorized. Deputy Adjutants General and such additional Assistant Adjutants General as may be required may also have at least the rank of brigadier general in the Pennsylvania National Guard or Pennsylvania Guard after appointment.

(b) Qualifications.--No Adjutant General, Deputy Adjutant General or Assistant Adjutant General shall be appointed who shall not have served at least ten years as a commissioned officer in the Pennsylvania National Guard, or any of the armed forces of the United States or their reserve components; the aforesaid service may be cumulative. (Dec. 4, 1996, P.L.849, No.139, eff. imd.) 1996 Amendment. Act 139 amended subsec. (a). Section 2 of Act 139 provided that Act 139 shall apply to all pay periods beginning after the effective date of Act 139.
51 Pa.C.S. § 1701 — PA Code / Title 51 / Chapter 17 / Section 1701
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:

"Commission." The State Veterans' Commission established by this chapter.
51 Pa.C.S. § 7310 — PA Code / Title 51 / Chapter 73 / Section 7310
Contract by minors for servicemen's readjustment loans.
Status: in_force

(a) General rule.--Any minor, who is at least 17 years of age, and who is eligible for guaranty or insurance of a loan pursuant to the act of Congress known as the "Servicemen's Readjustment Act of 1944," as amended and supplemented, is hereby authorized and empowered, notwithstanding such minority,

to enter into any contract in this Commonwealth, for any loan, or loans guaranteed by the United States, or any agency thereof, in accordance with the provisions of said act of Congress, as amended and supplemented, and the rules and regulations promulgated from time to time pursuant thereto; or any agency of the Commonwealth hereafter created; and such minor is also authorized and empowered to execute, and acknowledge, all documents, deeds, mortgages, and other or similar papers, necessary and incident to such contracts.

(b) Joinder by minor spouse.--The minor spouse of any person who is eligible for guaranty or insurance of a loan pursuant to said act of Congress, whether or not such person is a minor and regardless of the age of the spouse, is hereby authorized and empowered, notwithstanding such minority, to join in the execution of any such contract.

(c) Minority no basis for avoidance or defense.--In the event a person who is eligible for guaranty or insurance of a loan pursuant to said act of Congress, and who is a minor or whose spouse is a minor, or both, obtains such a loan, or loans, neither of them, despite any law or decision of any court to the contrary, shall be permitted to avoid the contract of such loan or loans because of the age of either of them, nor shall either of them be permitted to interpose the defense that either of them is a minor in any action or actions based upon such contract, or contracts, or arising out of any loan or loans authorized herein.

(d) Liability of parent or representative.--The parent or parents, or guardian or guardians, or trustee or trustees of any minor shall not be liable in any way whatsoever because of or on account of such contract or contracts, or loan or loans, which may be entered into or joined in by such minor pursuant hereto, unless expressly a party thereto.
51 Pa.C.S. § 3211 — PA Code / Title 51 / Chapter 32 / Section 3211
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:

"Behavioral health officer." An officer who:

(1) holds a license to practice psychology under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, or is a licensed clinical social worker as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act;

(2) has malpractice insurance, is self-insured or maintains insurance through a private employer; and

(3) meets any applicable Federal requirements for the Pennsylvania National Guard.

"Medical officer or health officer." An officer who is any of the following:

(1) A resident physician.

(2) A physician.

(3) A physician assistant.

(4) A behavioral health officer.

(5) A public health officer or environmental science officer.

"Member in good standing." A member of the Pennsylvania National Guard who meets all medical, training, physical and educational requirements for service and who is a satisfactory participant in all scheduled duties and training periods.

"Physician." An officer assigned to and serving in an authorized Army Medical Corps or Air Force Medical Corps position who:

(1) has completed a medicine residency program; and

(2) is currently practicing medicine in the United States or its territories.

"Physician assistant." An officer who:

(1) is licensed as a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; and

(2) meets any applicable Federal requirements for the Pennsylvania National Guard.

"Program." The Medical Officer or Health Officer Incentive Program. "Public health officer" or "environmental science officer." An officer who holds a minimum of a bachelor's degree from an educational program accredited by an agency recognized by the United States Secretary of Education in an environmental science related field of study, including any of the following majors or their equivalent:

(1) Environmental science, environmental health or environmental management.

(2) Occupational health.

(3) Industrial hygiene.

(4) Public health.

(5) Sanitary science or epidemiology.

(6) Biology, chemistry, toxicology, geology, microbiology, biochemistry or zoology.

"Resident physician." An officer who:

(1) is assigned to a medical position in the Pennsylvania National Guard;

(2) is a medical doctor or doctor of osteopathy participating in graduate training;

(3) holds a license to practice medicine under the Medical Practice Act of 1985; and

(4) meets any applicable Federal requirements for the Pennsylvania National Guard.
51 Pa.C.S. § 7303 — PA Code / Title 51 / Chapter 73 / Section 7303
Expiration of military leaves of absence.
Status: in_force

(a) Employees who enlisted.--Every military leave of absence granted to an employee by reason of his enlistment in the active military service in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall expire 90 days after the expiration of the first period of his enlistment to expire at a time when the United States is not engaged in a war or armed conflict or emergency proclaimed by the Governor or by the President of the United States.

(b) Employees who were drafted.--Every military leave of absence granted to an employee by reason of his having been drafted shall expire 90 days after the expiration of the period for which he was drafted.

(c) Employees who were members of reserve components.--Every military leave of absence granted to an employee by reason of his having been called or ordered to military duty as a member of a reserve component of the armed forces of the United States shall expire 90 days after the expiration of the period of the military duty. Every military leave of absence granted to an employee by reason of his having been ordered to active State duty or special State duty as a member of the Pennsylvania National Guard shall expire 30 days after the expiration of the period of the State duty. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added subsec. (c), retroactive to August 1, 1990.
51 Pa.C.S. § 1705 — PA Code / Title 51 / Chapter 17 / Section 1705
Veterans' home hall of fame.
Status: in_force

(a) General rule.--Each veterans' home operated by the Commonwealth shall establish and dedicate a hall of fame to recognize and honor the military achievements of outstanding veterans who have completed honorable, active duty military service and who reside or resided in the geographic region served by the veterans' home. The area or space in the veterans' home dedicated to the hall of fame may be used for other purposes.

(b) Selection of inductees.--The advisory council for each veterans' home shall, consistent with the guidelines established by the commission in subsection (c), nominate eligible veterans for induction into the hall of fame by the commission and perform such other duties relating to the hall of fame as approved by the commission. Any Medal of Honor recipient shall be automatically inducted into the hall of fame.

(c) Oversight.--The commission shall develop guidelines for the halls of fame. The guidelines shall include, but not be limited to:

(1) Eligibility criteria for qualified candidates.

(2) Procedures for nomination of candidates and selection of inductees.

(3) Ceremonies to officially honor the inductees.

(4) Manner of recognizing or presenting the inductees in the halls of fame.

(5) Maintenance of the halls of fame.

(6) Duties of the advisory councils of the veterans' homes relating to the halls of fame.

(d) Documentation.--Each eligible veteran or his or her representative shall be responsible for obtaining the documentation necessary to establish his or her eligibility from the National Archives in Washington, D.C., or the National Personnel Record Center in St. Louis, Missouri.

(e) Centralized list.--The State Veterans' Commission shall keep a centralized list of all hall of fame inductees from all regional veterans' homes. (June 22, 2000, P.L.343, No.40, eff. 60 days) 2000 Amendment. Act 40 added section 1705.
51 Pa.C.S. § 5915 — PA Code / Title 51 / Chapter 59 / Section 5915
Remission and suspension.
Status: in_force

(a) General rule.--Any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.

(b) Substitution of administrative discharge by Governor.--The Governor may, for good cause, substitute an administrative form of discharge, as authorized by applicable military regulations, for a discharge or dismissal executed in accordance with the sentence of a court-martial. Cross References. Section 5915 is referred to in section 5917 of this title.
51 Pa.C.S. § 6044 — PA Code / Title 51 / Chapter 60 / Section 6044
Conduct unbecoming an officer and a gentleman.
Status: in_force

Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
51 Pa.C.S. § 5603 — PA Code / Title 51 / Chapter 56 / Section 5603
Investigation.
Status: in_force

(a) General rule.--No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

(b) Rights of accused.--The accused shall be advised of the charges against him and of the right to be represented at that investigation by counsel. Upon the accused's request, he shall be represented by civilian counsel if provided by him, by military counsel of his own selection if such counsel is reasonably available, by counsel appointed through procedures of the Pennsylvania National Guard or, in the absence of such specific procedures, by the person exercising general court-martial jurisdiction over the command. At such investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything the accused may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after such investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy thereof shall be given to the accused.

(c) Further investigation.--If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this section unless it is demanded by the accused after the accused is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in the accused's own behalf.

(d) Additional offenses.--If evidence adduced in an investigation indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:

(1) present at the investigation;

(2) informed of the nature of each uncharged offense investigated; and

(3) afforded the rights of representation, cross-examination and presentation prescribed in subsection

(b).

(e) Requirements mandatory.--The requirements of this section are binding on all persons administering this part, but failure to follow them does not constitute jurisdictional error.

Cross References. Section 5603 is referred to in sections 5605, 5703 of this title.
51 Pa.C.S. § 5712 — PA Code / Title 51 / Chapter 57 / Section 5712
Refusal to appear or testify.
Status: in_force

Any person not subject to this part who has been duly subpoenaed to appear as a witness or to produce books and records before a court-martial or court of inquiry or before any military or civil officer designated to take a deposition to be read in evidence before such a court, who has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the State and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify or refuses to produce any evidence which that person may have been legally subpoenaed to produce is guilty of an offense and may be punished by the military court in the same manner as a criminal court of the Commonwealth.
51 Pa.C.S. § 8503 — PA Code / Title 51 / Chapter 85 / Section 8503
Eligibility.
Status: in_force

In order to qualify for the program, applicants must demonstrate that:

(1) They are eligible veterans or eligible surviving dependents of eligible veterans.

(2) They are permanent residents of this Commonwealth who do not maintain residence in any other state for any purpose.

(3) They are not receiving sufficient monetary assistance from any Federal or State agency based on the need for temporary assistance described in the application. The receipt of food stamp assistance does not disqualify an applicant from eligibility for temporary assistance.

(4) Other funds or resources are not available to address the need for temporary assistance by providing documentation acceptable to the department.

(5) An immediate need for temporary assistance in order to provide themselves and their families with the necessities of living. The assistance must be essential for the applicant to obtain and maintain the necessities of living. Assistance for the relief of an inconvenience is deemed nonessential. (Oct. 4, 2016, P.L.882, No.109, eff. imd.)
51 Pa.C.S. § 5911 — PA Code / Title 51 / Chapter 59 / Section 5911
Appellate counsel.
Status: in_force

(a) Counsel for the Commonwealth.--The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel must be a member in good standing of the bar of the Supreme Court.

(b) Counsel for the accused.--In all posttrial reviews and appeals, whether initiated by the accused or the Commonwealth, the accused has the right to be represented by appellate military counsel before any reviewing authority and before any appellate court. Upon the request of an accused, the State Judge Advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases. An accused may be represented by civilian appellate counsel at no expense to the Commonwealth.
51 Pa.C.S. § 6012 — PA Code / Title 51 / Chapter 60 / Section 6012
Contempt toward officials.
Status: in_force

Any commissioned officer who uses contemptuous words against the President of the United States, Vice President of the United States, Congress, Secretary of Defense, secretary of a military department, Secretary of Homeland Security, Governor of the Commonwealth of Pennsylvania, Adjutant General of the

Commonwealth of Pennsylvania or General Assembly of the Commonwealth of Pennsylvania shall be punished as a court-martial may direct.
51 Pa.C.S. § 9503 — PA Code / Title 51 / Chapter 95 / Section 9503
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:

"Assisted living residence." As defined in section 1001 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Board." The State Board of Pharmacy.

"Drug source facility." A facility:

(1) where drugs are lawfully manufactured, dispensed or distributed; and

(2) which is:

(i) operated by or under contract with the United States Department of Veterans Affairs; or

(ii) approved by the United States Department of Veterans Affairs.

"Lockbox." A cabinet, safe, container or other structure to contain medications that shall be securely locked, substantially constructed and accessible only to the pharmacist or his representative as authorized by the regulations of the State Board of Pharmacy.

"Long-term care facility." A long-term care nursing facility as defined in section 802.1 of the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.

"Means." The placement of a lockbox at a location at a long-term care facility, assisted living residence or personal care home.

"Personal care home." As defined in section 1001 of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Pharmaceutical provider." An entity that employs a pharmacist. (Oct. 14, 2014, P.L.2511, No.147, eff. 60 days) Special Provisions in Appendix. See section 3(3)(ii) of Act 36 of 2012 in the appendix to this title for special provisions relating to continuation of prior law. 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.
51 Pa.C.S. § 4103 — PA Code / Title 51 / Chapter 41 / Section 4103
Exemption of uniforms and equipment.
Status: in_force

The uniform and accoutrements of every commissioned officer and enlisted person shall be free from all suits, distresses, executions or sales for debt or payment of taxes. (Oct. 4, 1978, P.L.909, No.173, eff. 60 days) Cross References. Section 4103 is referred to in section 8124 of Title 42 (Judiciary and Judicial Procedure).
51 Pa.C.S. § 6113 — PA Code / Title 51 / Chapter 61 / Section 6113
State Military Justice Fund.
Status: in_force

There is hereby established in the State Treasury a special nonlapsing fund designated as the State Military Justice Fund. Expenditures from the fund shall be administered by the Adjutant General. The fund shall be used to pay expenses incurred in the administration of military justice. All fines, penalties, fees and other moneys paid to the Commonwealth under this part shall be deposited in the fund. The General Assembly may appropriate and have deposited in the fund such funds as it deems necessary to carry out the purposes of this part.
51 Pa.C.S. § 1504 — PA Code / Title 51 / Chapter 15 / Section 1504
Purchase or lease of ground for armories.
Status: in_force

The board may, with money appropriated to it from the fund, purchase or lease ground in the various localities throughout this Commonwealth where it shall be deemed necessary to provide armories. The following apply:

(1) The ground in each instance shall be purchased or leased in the name and for the use of the Commonwealth of

Pennsylvania, and upon the ground so purchased or leased, the board is authorized and directed to erect an armory or use the land for the benefit of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard.

(2) When erecting or providing armories, the board shall inform the Adjutant General of the availability of an armory for occupancy and use. The Adjutant General shall set a timeline for the unit to occupy the armory under the direction and responsibility of the senior officer in command of the unit or organization occupying the armory. (July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 4612 — PA Code / Title 51 / Chapter 46 / Section 4612
Nature of authority created by agreement.
Status: in_force

(a) Temporary.--

(1) An agreement entered into under this subchapter is temporary and terminates under Subchapter D (relating to return from deployment) after the deploying parent returns from deployment unless the agreement has been terminated before that time by court order or by the parents under section 4613 (relating to modification or termination of agreement).

(2) The agreement does not create an independent, continuing right to caretaking authority, legal custody or limited contact in an individual to whom custodial responsibility is given.

(b) Standing.--A nonparent who was granted caretaking authority, legal custody or limited contact by an agreement entered into under this subchapter has standing to enforce the agreement until it has been terminated by court order, by the parents under section 4613 or Subchapter D.
51 Pa.C.S. § 5402 — PA Code / Title 51 / Chapter 54 / Section 5402
Jurisdiction of courts-martial in general.
Status: in_force

Each force of the State military forces has court-martial jurisdiction over all members of the force who are subject to this part. The Pennsylvania National Guard has court-martial jurisdiction over all members subject to this part.

Cross References. Section 5402 is referred to in sections 5403, 5404, 5405 of this title.
51 Pa.C.S. § 3210 — PA Code / Title 51 / Chapter 32 / Section 3210
Educational Assistance Program Fund.
Status: in_force

(a) Establishment.--The Educational Assistance Program Fund is established as a special nonlapsing fund in the State Treasury.

(b) Appropriation.--All money deposited into the fund and the interest the fund accrues are appropriated to the department on a continuing basis to be used for the purposes provided for under this subchapter and Subchapter B (relating to Medical Officer or Health Officer Incentive Program).

(c) Administrative action prohibited.--No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received.

(d) Use.--The fund may only be used for the purposes provided for under this subchapter and no money in the fund may be transferred or diverted to any other purpose by administrative action.

(Nov. 30, 2004, P.L.1671, No.212, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.)
51 Pa.C.S. § 3503 — PA Code / Title 51 / Chapter 35 / Section 3503
Tuition waiver for children and spouses of deceased soldiers.
Status: in_force

(a) Children.--The children of members of the Pennsylvania National Guard who were killed or die as a result of injuries received while performing duty in an official duty status authorized under Federal or State law shall be entitled to a waiver of all tuition costs and fees remaining after receipt of other scholarships and education benefits and Federal and State grants, including, but not limited to, educational gratuities for which the children are or may be eligible under the act of December 16, 1998 (P.L.980, No.129), known as the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act, at all Pennsylvania State-owned colleges or universities, approved trade schools, State-related institutions of higher learning or community colleges in this Commonwealth for a period not exceeding eight semesters or four years, whichever is greater. In order to be eligible for waiver of tuition and fees under this section, the member of the Pennsylvania National Guard must have been a bona fide resident of Pennsylvania at the time of his death, and the member's children must be bona fide residents of Pennsylvania, eligible for resident tuition at the institution to which they have applied, at the time they apply for the tuition and fee waiver.

(a.1) Spouses.--The spouse of a member of the Pennsylvania National Guard who was killed or dies as a result of injuries received while performing duty in an official duty status authorized under Federal or State law shall be entitled to a waiver of all tuition costs and fees remaining after receipt of other scholarships and education benefits and Federal and State grants at any Pennsylvania State-owned college or university, approved trade school, State-related institution of higher learning or community college in this Commonwealth for a period not exceeding eight semesters or four years, whichever is greater. A spouse shall be eligible for a waiver of all tuition costs and fees remaining after receipt of other scholarships and education benefits and Federal and State grants under this subsection for a period not to exceed ten years from the date the member is killed or dies as a result of injuries while in Federal or State active duty or until the spouse remarries, whichever occurs first. In order to be eligible for waiver of tuition and fees under this section, the member of the Pennsylvania National Guard must have been a bona fide resident of Pennsylvania at the time of his death, and the member's spouse must be a bona fide resident of Pennsylvania, eligible for resident tuition at the institution to which the spouse has applied, at the time the spouse applies for the tuition and fee waiver.

(b) Department to administer program.--The department shall adopt rules and regulations to carry out the provisions of this section and shall administer the tuition cost and fee waiver program established under this section. (Dec. 18, 1980, P.L.1245, No.225, eff. imd.; July 7, 2006, P.L.1046, No.105, eff. 60 days)
51 Pa.C.S. § 1108 — PA Code / Title 51 / Chapter 11 / Section 1108
Administration of oaths and affirmations.
Status: in_force

(a) General rule.--General officers, field grade officers, adjutants, administrative officers (Air Force), summary courts and judge advocates are hereby authorized and empowered to administer oaths and affirmations in all matters pertaining to and concerning the Pennsylvania National Guard, and all commissioned officers are authorized and empowered to administer oaths and affirmations in the enlistment of personnel for the Pennsylvania National Guard.

(b) Penalty for false oath.--Any person who shall falsely swear or affirm to any oath or affirmation before any such officer shall be guilty of a misdemeanor of the third degree.
51 Pa.C.S. § 1501 — PA Code / Title 51 / Chapter 15 / Section 1501
Composition and general functions.
Status: in_force

The board shall consist of the Adjutant General, who shall act as chairperson, and eight members appointed by the Adjutant General. Three of the members of the board appointed by the Adjutant General shall be members of the Pennsylvania National Guard. The board shall exercise the powers, duties and provisions of this chapter. The chairperson shall appoint a secretary who need not be a member of the board. The board shall provide, equip, maintain, manage and regulate armories. The board may, with the approval of the Governor, accept gifts of land, with or without buildings thereon, to be used for armory purposes or as additions for Fort Indiantown Gap. The title to all such land shall be taken in the name of the Commonwealth. The board may also employ money appropriated to it to purchase, for armory purposes, any suitable buildings or sites. (June 19, 2002, P.L.433, No.63, eff. 60 days; July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 4621 — PA Code / Title 51 / Chapter 46 / Section 4621
Proceeding for order.
Status: in_force

(a) Authorization.--After the deploying parent receives notice of deployment and until the deployment terminates, a court may issue an order granting temporary custodial responsibility unless prohibited by 50 U.S.C. §§ 3931 (relating to protection of servicemembers against default judgments) and 3932 (relating to stay of proceedings when servicemember has notice). A court may not issue an order granting permanent custodial responsibility without the consent of the deploying parent.

(b) Custodial responsibility.--After the deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section 4604 (relating to jurisdiction) or, if there is no pending proceeding in a court with jurisdiction under section 4604, in a new action for granting custodial responsibility during deployment. Cross References. Section 4621 is referred to in section 4622 of this title.
51 Pa.C.S. § 7701 — PA Code / Title 51 / Chapter 77 / Section 7701
Blind veteran's pension.
Status: in_force

(a) Definition.--As used in this section the term "blind veteran" shall mean any person who served in the military or naval forces of the United States, or any woman's organization officially connected therewith, at any time, and who gave the Commonwealth of Pennsylvania, as his or her place of residence at the time of entering the military or naval forces of the United States, and who while performing duties connected with such service suffered an injury or incurred a disease which resulted in blindness to the extent that he or she has 3/60 or 10/200 or less normal vision. The term "blind veteran" shall not include any person separated from the military or naval forces of the United States, or any woman's organization officially connected therewith, under other than honorable conditions.

(b) Amount and eligibility.--In addition to any other assistance provided by the Commonwealth and in addition to any compensation provided by the Federal Government, every blind veteran shall be paid a pension of $150 per month. Applications for such pensions shall be made to and in the form prescribed by the department. The Adjutant General shall have the power, and it shall be his duty to determine the eligibility of every applicant for a pension, and his decision in the matter shall be final. (Oct. 10, 1980, P.L.803, No.152, eff. imd.; June 22, 1999, P.L.98, No.14, eff. 60 days)

1999 Amendment. Act 14 amended subsec. (b).
51 Pa.C.S. § 2317 — PA Code / Title 51 / Chapter 23 / Section 2317
Temporary commander of unit.
Status: in_force

When a unit is without commissioned officers from any cause, the commanding officer of the next higher unit in the military chain of command of which it is a part shall detail an officer to command said organization until an officer has been appointed or assigned thereto.
51 Pa.C.S. § 3101 — PA Code / Title 51 / Chapter 31 / Section 3101
Pay of officers and enlisted personnel on special duty.
Status: in_force

Members of the Pennsylvania National Guard or Pennsylvania Guard may be ordered upon special duty at the discretion of the Governor and shall receive the pay and allowances of their respective grades during the time they may continue upon duty under such order. (Oct. 16, 1998, P.L.780, No.96, eff. imd.)
51 Pa.C.S. § 3303 — PA Code / Title 51 / Chapter 33 / Section 3303
Pennsylvania National Guard laws generally to apply.
Status: in_force

All laws or sections of laws of this Commonwealth pertaining to the Pennsylvania National Guard shall be applicable and shall govern the Pennsylvania Guard except as modified or changed by the provisions of this chapter.
51 Pa.C.S. § 705 — PA Code / Title 51 / Chapter 7 / Section 705
Burial details for veterans.
Status: in_force

(a) Authority.--The department shall have the power to arrange for burial details for veteran soldiers who are to be interred at any of the following national cemeteries:

(1) Indiantown Gap National Cemetery.

(2) National Cemetery of the Alleghenies.

(3) Washington Crossing National Cemetery.

(b) Contracts.--(Repealed).

(c) Terms.--Any burial detail contract entered into under this section shall include the following terms:

(1) A minimum of three veterans shall participate in the burial detail.

(2) The veterans shall be similarly uniformed and equipped.

(3) A bugler shall perform taps or a recording of taps may be played over the tape recording system of the cemetery.

(4) The party under the contract shall indemnify and hold harmless the department and the Commonwealth from any claims arising out of the performance of the burial details.

(d) Insurance.--Any veterans organization, the members of which perform a burial detail pursuant to this section, shall provide liability insurance for the burial details in such amount as prescribed by the department.

(e) Regulations.--The department shall promulgate the rules and regulations necessary to carry out this section. (May 7, 1998, P.L.355, No.56, eff. July 1, 1998; Sept. 25, 2008, P.L.1068, No.85, eff. imd.; July 7, 2011, P.L.217, No.38, eff. 60 days; July 11, 2022, P.L.540, No.54, eff. imd.) 2022 Repeal. Act 54 repealed subsec. (b). 2011 Amendment. Act 38 amended subsec. (a). 1998 Amendment. Act 56 added section 705.
51 Pa.C.S. § 510 — PA Code / Title 51 / Chapter 5 / Section 510
Promulgation of regulations and rules.
Status: in_force

The Governor shall promulgate such rules and regulations as he may deem expedient for the government of the Pennsylvania military forces. The regulations shall conform to this title and other laws of this Commonwealth applicable to said forces and, as nearly as practicable, to those governing similar Federal armed military forces. They shall have the same force

and effect as the provisions of this title and other laws affecting these forces.
51 Pa.C.S. § 4603 — PA Code / Title 51 / Chapter 46 / Section 4603
Remedies for noncompliance.
Status: in_force

In addition to other remedies under law of this Commonwealth other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.
51 Pa.C.S. § 5203 — PA Code / Title 51 / Chapter 52 / Section 5203
Imposition of restraint.
Status: in_force

(a) Enlisted personnel.--An enlisted person subject to this part may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this part or through any person authorized by this part to apprehend persons. A commanding officer may authorize warrant officers, petty officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.

(b) Commissioned officers and warrant officers.--A commissioned officer or a warrant officer subject to this part may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

(c) Probable cause.--No person subject to this part may be ordered into arrest or confinement except for probable cause.

(d) Construction of section.--This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

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

"Arrest." The restraint of a person subject to this part by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.

"Confinement." The physical restraint of a person subject to this part.
51 Pa.C.S. § 1702 — PA Code / Title 51 / Chapter 17 / Section 1702
State Veterans' Commission.
Status: in_force

(a) Establishment.--There is hereby established within the department an advisory commission to be known as the State Veterans' Commission.

(b) Composition.--The commission shall be composed of:

(1) The Adjutant General, ex officio, or his designee.

(2) The State commander, commandant or head, or his designee, of each of the following named veterans' organizations:

(i) The American Legion.

(ii) AMVETS.

(iii) Blinded Veterans Association.

(iv) Catholic War Veterans of the United States of America.

(v) Disabled American Veterans.

(vi) Jewish War Veterans of the United States.

(vii) Marine Corps League.

(viii) Military Order of the Purple Heart.

(ix) State Association of County Directors of Veterans' Affairs.

(x) Veterans of Foreign Wars of the United States.

(xi) (Deleted by amendment).

(xii) Italian-American War Veterans of the United States, Inc.

(xiii) The Vietnam Veterans of America, Inc.

(xiv) American Ex-Prisoners of War.

(xv) Keystone Paralyzed Veterans Association.

(xvi) Military Officers Association of America.

(xvii) The Korean War Veterans Association, Inc.

(3) Four members at large appointed by the Governor from a list provided by the Adjutant General, each of whom shall be a veteran and a member in good and regular standing of a Pennsylvania branch, post, lodge or club of a recognized national veterans' organization active in this Commonwealth. At least one member shall be a female veteran, and at least one member shall be a veteran of the Vietnam era. Members at large shall serve a term of four years and until a successor has been appointed.

(4) The State Adjutants of the American Legion, the Disabled American Veterans (DAV) and the Veterans of Foreign Wars (VFW) and the Executive Director of AMVETS as nonvoting members.

(c) Officers.--The commission shall annually elect a chairman and vice chairman at the first meeting of the commission after October 1. The Deputy Adjutant General for Veterans' Affairs shall serve as the executive secretary to the commission.

(d) Compensation and expenses.--Members of the commission shall receive no compensation for their services but shall receive reimbursement for their necessary and proper expenses for attendance at meetings.

(e) Meetings and quorum.--The commission shall meet upon the call of the chairman or the Adjutant General. Nine members of the commission shall constitute a quorum.

(f) Declared vacancies.--The Governor, upon recommendation of the Adjutant General, shall declare a vacancy to exist whenever any member at large fails to attend three consecutive meetings without good cause. Any declared vacancy shall be filled for the unexpired term. (June 25, 1999, P.L.233, No.33, eff. imd.; Nov. 22, 2000, P.L.670, No.90, eff. imd.; May 12, 2010, P.L.200, No.28, eff. imd.; June 13, 2016, P.L.335, No.42, eff. 60 days) 2016 Amendment. Act 42 amended subsec. (b)(2). 2000 Amendment. Act 90 amended subsec. (b). Cross References. Section 1702 is referred to in sections 1711, 1731, 8501, 8701, 8901, 9304 of this title.
51 Pa.C.S. § 4631 — PA Code / Title 51 / Chapter 46 / Section 4631
Order for child support.
Status: in_force

If a court has issued an order granting caretaking authority under this subchapter or an agreement granting caretaking authority has been entered into under Subchapter B (relating to agreement addressing custodial responsibility during deployment), the court may enter a temporary order for child support consistent with law of this Commonwealth other than this chapter if the court has jurisdiction under 23 Pa.C.S. Pt. VIII (relating to uniform interstate family support).
51 Pa.C.S. § 3210.10 — PA Code / Title 51 / Chapter 32 / Section 3210.10
Military Family Education Program Fund.
Status: in_force

(a) Establishment.--The Military Family Education Program Fund is established as a special nonlapsing fund in the State Treasury.

(b) Appropriation.--All money deposited into the fund and the interest the fund accrues are appropriated to the department on a continuing basis to be used for the purposes provided for under this subchapter.

(c) Administrative action prohibited.--No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received.

(d) Use.--The fund may only be used for the purposes provided for under this subchapter and no money in the fund may be transferred or diverted to any other purpose by administrative action. Cross References. Section 3210.10 is referred to in section 3210.1 of this title.
51 Pa.C.S. § 709 — PA Code / Title 51 / Chapter 7 / Section 709
Operation of State-owned vehicles.
Status: in_force

(a) Authority.--

(1) The department shall have the authority to order members of the Pennsylvania National Guard to operate State-owned vehicles for the purpose of providing security to military facilities and other facilities within this Commonwealth.

(2) Members of the Pennsylvania National Guard may operate State-owned vehicles in response to an emergency when ordered to duty by the Governor or the President of the United States.

(3) For purposes of this subsection and notwithstanding any other provision of law, members of the Pennsylvania

National Guard shall be considered State employees or officers for the authorization of the use of State-owned vehicles by the Department of General Services.

(b) Liability.--For purposes of this section and notwithstanding any other provision of law, members of the Pennsylvania National Guard shall be considered employees of the Commonwealth for tort liability and immunity purposes. A member of the Pennsylvania National Guard shall not be liable for an act or omission in good faith on the part of the member of the Pennsylvania National Guard when operating or maintaining a State-owned vehicle under this section. Good faith under this subsection shall not include willful misconduct, gross negligence or recklessness.

(c) Rules and guidelines.--The department, in consultation with the Department of General Services, shall establish rules and guidelines for the implementation of this section. (Dec. 9, 2002, P.L.1649, No.210, eff. imd.; Nov. 3, 2022, P.L.1933, No.124, eff. 60 days)
51 Pa.C.S. § 2101 — PA Code / Title 51 / Chapter 21 / Section 2101
Exemption from militia duty.
Status: in_force

(a) General rule.--Members of the General Assembly, the judiciary and such other persons as the Governor by executive order may decree shall be exempt from militia duty.

(b) Exemption for religious belief.--All persons who because of religious belief shall claim exemption from militia service, if the conscientious holding of such belief for such person shall be established under the regulations prescribed by the Governor, shall be exempted from militia service in a combatant capacity, but no person so exempted shall be exempt from militia service in any capacity that the Governor shall declare to be noncombatant.

(c) Volunteers.--This section shall not be construed to prevent any person exempted from voluntarily enlisting or accepting a commission in the Pennsylvania military forces.
51 Pa.C.S. § 5207 — PA Code / Title 51 / Chapter 52 / Section 5207
Punishment prohibited before trial.
Status: in_force

Subject to section 5804 (relating to effective date of sentence), no person subject to this part while being held for trial or the result of trial may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure the person's presence. The person may be subjected to minor punishment during that period for infractions of discipline.
51 Pa.C.S. § 3502 — PA Code / Title 51 / Chapter 35 / Section 3502
Deceased soldier's dependents' pension.
Status: in_force

(a) Amount and persons entitled.--A pension may be paid to either the widow or widower or minor children or dependent parent of any member of the Pennsylvania National Guard, who may die from injuries received, or who may be killed while in

active service, under orders of the Governor, which active service shall include participation in armory assemblies or participation in aerial flights incidental to training. Such pension shall be computed on the following basis and distributed to the following persons monthly:

(1) To each minor child, if there is no widow or widower entitled to compensation, $75, with $50 for each child in excess of two, with a maximum of $200 to be paid to their guardian.

(2) To the widow or widower, if there are no children, $100.

(3) To the widow or widower, if there is one child, $150.

(4) To the widow or widower, if there are two children, $200.

(5) To the widow or widower, if there are three children, $250.

(6) To the widow or widower, if there are four or more children, $300.

(7) To the father and mother, if there is no widow, widower, or children, if dependent to any extent upon the member for support at the time of his death, $100.

(b) Workmen's compensation.--Such pension shall be in addition to any relief in the form of compensation determined under the Workmen's Compensation Law of Pennsylvania as authorized by section 3501 (relating to relief for disability incurred in active State service).

(c) Claims.--All claims for pension under this section shall be made to the department, which shall establish rules governing the filing of such claims. The department shall investigate all circumstances connected with the death of the person and make a recommendation to the Adjutant General as to the granting of a pension. If a pension is granted, it shall be paid monthly in the manner provided by law.

(d) Term and removal.--No pension granted under this section shall be granted for a longer period than ten years; but in the case of minor children of a deceased member, the pension shall be paid until the minor child reaches 18 years of age.

(e) Revocation.--The department shall have power to revoke any pension granted under this section when it shall be shown to the satisfaction of the department that the pensioner is no longer in a state of dependency.

(f) Exemption.--The provisions of this section shall not apply to any member of the Pennsylvania National Guard while in the service of the United States, in case of war, or under the orders of the President of the United States.

(g) Appropriation.--The necessary appropriation to pay any pensions granted under this section shall, at each regular session of the General Assembly, be included in the items pertaining to the department, in the act of Assembly providing for the ordinary expenses of the Executive, Judicial, and Legislative Departments of the Commonwealth. (Dec. 18, 1980, P.L.1245, No.225, eff. imd.) References in Text. The short title of the act of June 2, 1915 (P.L.736, No.338), known as The Pennsylvania Workmen's Compensation Act, referred to in subsec. (b), was amended by the act of July 2, 1993, P.L.190, No.44. The amended short title is now the Workers' Compensation Act.
51 Pa.C.S. § 508 — PA Code / Title 51 / Chapter 5 / Section 508
Active duty for emergency.
Status: in_force

(a) State duty.--The Governor may place the Pennsylvania National Guard, or any part thereof, or when unavailable due to call or order into the service of the United States, the Pennsylvania Guard, or any part thereof, on active duty when an emergency in this Commonwealth occurs or is threatened, or when tumult, riot or disaster shall exist or is imminent.

(b) Emergency duty under compact.--The Governor may place the Pennsylvania National Guard or any part thereof on State active duty or, when appropriate, federally funded duty under 32 U.S.C. (relating to National Guard) when the Governor of another state has declared an emergency and has requested the assistance of the Pennsylvania National Guard under the provisions of Chapter 45 (relating to interstate compact) or 35 Pa.C.S. Ch. 76 (relating to emergency management assistance compact).

(c) Distribution and administration of items for a virus.--Notwithstanding any other provision of law, the Pennsylvania National Guard may, within 45 days of the effective date of this subsection and in conjunction with the Department of Health and the Pennsylvania Emergency Management Agency, develop plans for the establishment and operation in each region

of a site for the community distribution and administration of pharmaceuticals, medical equipment and supplies and vaccines for a virus. Administration of the vaccine shall include the inoculation of individuals by members of the Pennsylvania National Guard who possess the required training.

(d) Report.--Notwithstanding any other provision of law, the Governor shall, within 45 days of the effective date of this subsection, establish and submit to the General Assembly a report on the integration of the Pennsylvania National Guard into the Commonwealth's plan for the distribution and administration of any vaccine for COVID-19, including the administration of the vaccine to individuals by members of the Pennsylvania National Guard. The report shall be prepared in consultation with the Secretary of Health, the Director of the Pennsylvania Emergency Management Agency and the Adjutant General of the Pennsylvania National Guard, and shall include the following considerations:

(1) Availability and capacity of medical units of the Pennsylvania National Guard for the administration of any vaccine for COVID-19 to individuals.

(2) Availability and capacity of other units of the Pennsylvania National Guard for supportive missions, including logistics and preparation for community vaccination clinics.

(3) Critical missions of the Pennsylvania National Guard, including the deployment of members to skilled nursing facilities to combat outbreaks of COVID-19.

(4) Current and anticipated allocations of any vaccine for COVID-19 available to the Commonwealth.

(5) Federal guidance on the use of the National Guard for the purposes under this subsection.

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

"Region." Each region of the Commonwealth, as identified by the Department of Health.

"Virus." A virus or infectious disease, as identified by the United States Department of Health and Human Services or the Department of Health. The term includes COVID-19. (Apr. 12, 2006, P.L.75, No.24, eff. imd.; Mar. 3, 2021, P.L.20, No.4, eff. imd.) 2021 Amendment. Act 4 added subsecs. (c), (d) and (e). Cross References. Section 508 is referred to in sections 3105, 3206, 4102, 5102 of this title; sections 501, 2801, 6308.1 of Title 18 (Crimes and Offenses); section 5802 of Title 35 (Health and Safety).
51 Pa.C.S. § 6038 — PA Code / Title 51 / Chapter 60 / Section 6038
Riot or breach of peace.
Status: in_force

Any person subject to this part who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
51 Pa.C.S. § 5722 — PA Code / Title 51 / Chapter 57 / Section 5722
Trial finding of lack of mental responsibility.
Status: in_force

(a) Finding of lack of mental responsibility generally.--If an accused is found by a court-martial not guilty only by reason of lack of mental responsibility, the accused shall be committed to a suitable facility until he is eligible for release in accordance with this section.

(b) Hearing required.--The court-martial shall conduct a hearing on the mental condition of the accused in accordance with the jurisdictional law applicable to persons incompetent to stand trial. A report of the results of the hearing shall be made to the general court-martial convening authority for the accused.

(c) Failure to find accused incompetent.--If the court-martial fails to find that the release of the accused would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a mental disease or defect of the accused, the following shall take place:

(1) the general court-martial convening authority shall commit the accused to the custody of an agency or facility authorized to provide services to such persons; and

(2) the agency or facility with custody of the accused shall take action in accordance with the jurisdictional law applicable to persons incompetent to stand trial.

(d) Status change of accused while in custody.--If the status of an accused changes while the accused is in the custody of a Commonwealth agency, hospitalized or on conditional release under a prescribed regimen of medical, psychiatric or psychological care or treatment so that the accused is no longer subject to this part, the agency or facility with custody of action shall be taken in accordance with the jurisdictional law.
51 Pa.C.S. § 9506 — PA Code / Title 51 / Chapter 95 / Section 9506
Recordkeeping.
Status: in_force

For each drug dispensed in accordance with section 9505(a) (relating to third-party drugs in long-term care facilities, assisted living residences and personal care homes), the person authorized to dispense the drug and the long-term care facility, assisted living residence or personal care home shall maintain a record for at least two years of all of the items specified in section 9505(b)(7). (Oct. 14, 2014, P.L.2511, No.147, eff. 60 days)
51 Pa.C.S. § 3102 — PA Code / Title 51 / Chapter 31 / Section 3102
Pay of officers and enlisted personnel in active State service.
Status: in_force

(a) General rule.--When the Pennsylvania National Guard or Pennsylvania Guard, or any part thereof, is ordered on active duty for State service by the Governor as Commander-in-Chief and pay is authorized for such duty under the order prescribing the performance thereof, the commissioned officers, warrant officers and enlisted personnel so ordered shall be entitled to the same pay and allowances and transportation in kind provided for in the current Armed Forces Pay and Allowance Act. Notwithstanding any provisions of such act, the pay of any such personnel shall not be less than $100 per day.

(b) Payments and deductions.--All payments of pay and service shall be made by the Adjutant General in the usual manner. No deductions shall be made from the pay of officers or enlisted personnel in active State service for dues or other financial obligations imposed by any bylaws, rules or regulations of a civil character. (May 31, 1984, P.L.375, No.75, eff. imd.; Dec. 4, 1996, P.L.849, No.139, eff. imd.; July 1, 2016, P.L.438, No.61, eff. imd.)
51 Pa.C.S. § 6025 — PA Code / Title 51 / Chapter 60 / Section 6025
Improper use of countersign.
Status: in_force

Any person subject to this part who, in time of war or national emergency, discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished as a court-martial may direct.
51 Pa.C.S. § 1505 — PA Code / Title 51 / Chapter 15 / Section 1505
Donation of land by political subdivisions.
Status: in_force

It shall be lawful for any county, city, borough, town or township to acquire by purchase or by gift, or by the right of eminent domain, any land to be used for an armory and to convey the lands acquired to the Commonwealth of Pennsylvania. The proceedings for the condemnation of lands under the provisions of this chapter and for the assessment of damages for the property taken, injured or destroyed shall be taken in the same manner as provided by 26 Pa.C.S. (relating to eminent domain). (May 4, 2006, P.L.112, No.34, eff. 120 days; July 7, 2022, P.L.494, No.48, eff. 60 days) 2006 Amendment. Section 6(1) of Act 34 provided that Act 34 shall apply to all condemnations effected on or after the effective date of section 6.
51 Pa.C.S. § 5704 — PA Code / Title 51 / Chapter 57 / Section 5704
Sessions.
Status: in_force

(a) Proceedings in absence of members.--At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to section 5606 (relating to service of charges), call the court into session without the presence of the members for the purpose of:

(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;

(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this section, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(3) holding the arraignment and receiving the pleas of the accused; and

(4) performing any other procedural function which may be performed by the military judge under this part or under rules prescribed pursuant to section 5701 (relating to Governor and department may prescribe rules) and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of court members and without regard to the provisions of section 5508 (relating to absent and additional members).

(b) Other proceedings.--When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and the military judge. Cross References. Section 5704 is referred to in section 5504 of this title.
51 Pa.C.S. § 1711 — PA Code / Title 51 / Chapter 17 / Section 1711
Qualifications and status.
Status: in_force

(a) Deputy Adjutants General.--In addition to such other Deputy Adjutants General as may be named in the department, there shall be a Deputy Adjutant General for Veterans' Affairs, who shall perform the duties under section 1712 (relating to specific duties) and such other duties as the Adjutant General may assign.

(b) Appointment.--The Deputy Adjutant General for Veterans' Affairs shall be selected and appointed as other Deputy Adjutants General are selected and appointed. He shall be a veteran and an active member of at least one of the veterans' organizations listed under section 1702(b) (relating to State Veterans' Commission).

(c) Compensation.--The compensation of the Deputy Adjutant General for Veterans' Affairs shall be as established by law.

(d) Status.--The Deputy Adjutant General for Veterans' Affairs shall be accorded all the rights, emoluments and privileges, except pay and allowances, of a brigadier general in the Pennsylvania Guard and shall be addressed as "General."
51 Pa.C.S. § 1712 — PA Code / Title 51 / Chapter 17 / Section 1712
Specific duties.
Status: in_force

In addition to such other duties as may be provided by law or as assigned by the Adjutant General, the Deputy Adjutant General for Veterans' Affairs shall have the following specific duties:

(1) To recommend to the Adjutant General and the Governor, with the advice of the State Veterans' Commission, new legislation and amendments to existing statutes concerning veterans and their activities for consideration by the General Assembly.

(2) To cooperate with all Federal and State departments and agencies in the interest of veterans.

(3) To aid in filing and prosecuting claims of Pennsylvania's veterans and their dependents under Federal or State laws or regulations.

(4) To aid veterans in seeking employment or reemployment after their honorable discharge from the armed forces of the United States.

(5) To aid veterans requiring medical care in securing hospitalization provided by a Federal or State medical or care facility.

(6) To aid in the rehabilitation of injured, wounded or compensable veterans in educational institutions or vocational training institutions for which they may be eligible by law.

(7) To cooperate with and advise the Department of Education with respect to vocational training programs for veterans, particularly programs suited to casualties.

(8) To administer relief provided by the Commonwealth for veterans and their dependents.

(9) To administer the distribution under the direction of the Adjutant General of any compensation to veterans or their dependents that has been or may be granted by the Commonwealth.

(10) To investigate the work of other State agencies in administering laws affecting veterans and their dependents.

(11) To investigate, compile and maintain complete and accurate data concerning veterans of the armed forces of the United States and all State and municipal activities related thereto.

(12) To compile from the records transmitted from the various counties of this Commonwealth a record of the burial places in this Commonwealth of deceased veterans, including such information as the Deputy Adjutant General for Veterans' Affairs or his designee deems necessary and appropriate.

(13) To disseminate information concerning Pennsylvania's veterans and Pennsylvania's veterans' programs to veterans' organizations, to the public press and other media and to the general public.

(14) To biannually submit, through the Adjutant General, to the Governor a report of State activities on behalf of veterans.

(15) To serve as a clearinghouse for all problems or issues related to Pennsylvania's veterans and their dependents.

(16) To serve as Executive Secretary of the State Veterans' Commission.

Cross References. Section 1712 is referred to in section 1711 of this title.
51 Pa.C.S. § 6027 — PA Code / Title 51 / Chapter 60 / Section 6027
Captured or abandoned property.
Status: in_force

(a) Duty to secure property.--All persons subject to this part shall secure all public property taken for the service of the United States or the Commonwealth and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.

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

(1) fails to carry out the duties prescribed in subsection (a);

(2) buys, sells, trades or in any way deals in or disposes of taken, captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or

(3) engages in looting or pillaging; shall be punished as a court-martial may direct.
51 Pa.C.S. § 710 — PA Code / Title 51 / Chapter 7 / Section 710
Pennsylvania Veterans' Monuments and Memorial Trust Fund.
Status: in_force

(a) Establishment and administration.--There is established a separate fund in the State Treasury to be known as the Pennsylvania Veterans' Monuments and Memorial Trust Fund. The fund shall be administered by the department, and all moneys in the fund are appropriated to the department on a continuing basis for the purposes provided for under subsection (b). The State Veterans' Commission shall assist the department in accordance with section 1704(1) (relating to specific powers and duties).

(b) Purpose.--The moneys in the fund shall be used for the promotion, administration, operation, maintenance and completion of the monuments and memorials dedicated to Pennsylvania veterans and military units and other costs incidental thereto as approved by the department.

(c) Contributions and solicitation of funds.--

(1) The department is authorized:

(i) To accept, on behalf of the Commonwealth, gifts, donations, legacies and usages of money from individuals, organizations, public or private corporations and other similar entities.

(ii) To solicit and raise moneys from public and private sources.

(2) All money received or raised under this subsection shall be paid into the State Treasury and credited to the fund.

(3) The department may use up to 2% of the available funds as of October 31 of each calendar year to administer the fund in accordance with this section.

(d) Operation and maintenance.--Money must be granted for the operation and maintenance of monuments as designated by the department in consultation with the State Veterans' Commission. At a minimum, the following monuments will receive funding, as needed, for operation and maintenance:

(1) The Pennsylvania Veterans' Memorial on the grounds of the Indiantown Gap National Cemetery.

(2) American battle monuments located overseas officially owned or recognized by the Commonwealth.

(3) Pennsylvania unit monuments and markers within the Gettysburg National Military Park.

(4) Other Pennsylvania military memorials and monuments as designated or recognized by the department.

(June 30, 2003, P.L.16, No.8, eff. June 30, 2005; June 28, 2018, P.L.432, No.64, eff. 60 days)
51 Pa.C.S. § 7103 — PA Code / Title 51 / Chapter 71 / Section 7103
Additional points in grading civil service examinations.
Status: in_force

(a) Commonwealth examinations.--Whenever a veteran successfully passes a civil service appointment examination for a public position with the Commonwealth, or any political subdivision thereof, an additional 10 points shall be added to the veteran's final examination score and such score shall determine the veteran's standing on any eligible list certified or provided to the appointing authority. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority.

(b) Municipal examinations.--Whenever a veteran successfully passes an examination for appointment in the civil service of any of the various municipal agencies within this Commonwealth, as required by any existing law or any law which may hereafter be enacted, an additional 10 points shall be added to the veteran's final examination score and such score shall determine the veteran's standing on any eligible list certified or provided to the municipal agency. A veteran may not begin or hold the public position for a municipal agency until proof of discharge papers, separation documents or statement of service are provided to the municipal agency. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) Cross References. Section 7103 is referred to in section 14405.1 of Title 11 (Cities); sections 2202, 3006 of Title 71 (State Government).
51 Pa.C.S. § 5605 — PA Code / Title 51 / Chapter 56 / Section 5605
Advice of judge advocate and reference for trial.
Status: in_force

(a) General rule.--Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority shall not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate of all of the following:

(1) The specification alleges an offense under this part.

(2) The specification is warranted by the evidence indicated in the report of investigation under section 5603 (relating to investigation), if there is such a report.

(3) A court-martial would have jurisdiction over the accused and the offense.

(b) Advice of judge advocate.--The advice of the judge advocate under subsection (a), with respect to a specification under a charge, shall include a written and signed statement by the judge advocate expressing conclusions with respect to each matter set forth in subsection (a) and recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate shall accompany the specification.

(c) Changes in charges and specifications.--If the charges or specifications are not correct formally or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as are needed to make them conform to the evidence may be made by the appointing authority.
51 Pa.C.S. § 4 — PA Code / Title 51 / Chapter 4 / Section 4
Continuation of current rules and regulations.
Status: in_force

Regulations promulgated by the Adjutant General or the Department of Military Affairs heretofore shall remain in full force and effect as regulations of the Department of Military and Veterans Affairs and references in such regulations to the department or the Department of Military Affairs shall be deemed a reference to the Department of Military and Veterans Affairs. Within 30 days of enactment of this act, the Adjutant General shall cause notice of the change of the name of the department to be published in the Pennsylvania Bulletin. 1996, JUNE 19, P.L.344, NO.56 Preamble The General Assembly finds and declares as follows:

(1) The Pennsylvania National Guard must recruit thousands of young Pennsylvanians each year to attain and sustain its required troop strength to meet Federal manning requirements and to provide the Governor with a well-trained and organized military force to respond to emergencies in this Commonwealth.

(2) The men and women of the Pennsylvania National Guard face increasing leadership and technical challenges and the percentage of members of the National Guard with post-high school, college and technical education must be increased to meet these challenges.

(3) Currently available programs are not adequate to meet the financial needs of National Guard personnel who are pursuing a higher education or to attract young men and women into the National Guard who are high school graduates with the desire and ability to pursue their higher education in Commonwealth colleges and universities or business, trade and technical schools.

(4) The Pennsylvania National Guard needs a cadre of well-educated leaders to lead the Guard now and in the future.

(5) An innovative education assistance program will provide public service educational grants for members of the Pennsylvania National Guard and will keep Pennsylvania student soldiers in this Commonwealth and benefit Pennsylvania communities.

(6) An educational assistance program will reward those young Pennsylvanians who volunteer to serve their nation and Commonwealth as part of the Pennsylvania National Guard and will make this Commonwealth more competitive with other states and regular forces in the educational benefits offered to military personnel.

(7) The Educational Assistance Program is designed to provide public service educational grants to members of the Pennsylvania National Guard by means of grants administered by the Pennsylvania Higher Education Assistance Agency. Explanatory Note. Act 56 repealed section 3104 and added
51 Pa.C.S. § 5908 — PA Code / Title 51 / Chapter 59 / Section 5908
Review by State Judge Advocate and Adjutant General.
Status: in_force

(a) Review by State Judge Advocate of guilty finding.--Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the State Judge Advocate, or a designee. The State Judge Advocate may not review a case if he has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The State Judge Advocate's review shall be in writing and shall contain the following:

(1) Conclusions as to:

(i) whether the court had jurisdiction over the accused and the offense;

(ii) the sufficiency of the charge and specification; and

(iii) whether the sentence was within the limits prescribed as a matter of law.

(2) A response to each allegation of error made in writing by the accused.

(3) If the case is sent for action under subsection

(b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

(b) Review by Adjutant General of guilty finding.--The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the Adjutant General, if:

(1) the judge advocate who reviewed the case recommends corrective action;

(2) the sentence approved under section 5903 (relating to action on general court-martial records) extends to dismissal, a bad-conduct or dishonorable discharge or confinement for more than six months; or

(3) such action is otherwise required by regulations promulgated by the department.

(c) Action by Adjutant General on guilty finding.--After review under subsection (b), the Adjutant General may:

(1) disapprove or approve the findings or sentence in whole or in part;

(2) remit, commute or suspend the sentence in whole or in part;

(3) dismiss the charges; or

(4) except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence or on both.

(d) Rehearing impracticable.--If a rehearing is ordered under subsection (c) but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

(e) Review by Governor of guilty finding.--If the opinion of the State Judge Advocate is that corrective action is required as a matter of law and if the Adjutant General does

not take action that is at least as favorable to the accused as that recommended by the State Judge Advocate, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate.

(f) Review by State Judge Advocate of not guilty finding.--The State Judge Advocate may review any case in which there has been a finding of not guilty of all charges and specifications. The State Judge Advocate may not review a case if he has acted in the same case as an accuser, investigating officer, member of the court, military judge or counsel or has otherwise acted on behalf of the prosecution or defense. The review by the State Judge Advocate shall be limited to questions of subject matter jurisdiction.

(g) Review by Adjutant General of not guilty finding.--The record of trial and related documents in each case reviewed under subsection (f) shall be sent for action to the Adjutant General.

(h) Action by Adjutant General on not guilty finding.--After review under subsection (g), the Adjutant General may:

(1) when subject matter jurisdiction is found to be lacking, void the court-martial ab initio, with or without prejudice to the government; or

(2) return the record of trial and related documents to the State Judge Advocate for appeal by the government as provided by law.
51 Pa.C.S. § 6016 — PA Code / Title 51 / Chapter 60 / Section 6016
Failure to obey order or regulation.
Status: in_force

Any person subject to this part who:

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by a member of the State military forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.
51 Pa.C.S. § 3231 — PA Code / Title 51 / Chapter 32 / Section 3231
Regulations.
Status: in_force

The Adjutant General shall promulgate regulations to carry out the provisions of this chapter. (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3221 to present section 3231.
51 Pa.C.S. § 1906 — PA Code / Title 51 / Chapter 19 / Section 1906
Expiration (Repealed).
Status: repealed

2018 Repeal. Section 1906 was repealed June 28, 2018, P.L.432, No.64, effective in 60 days. SUBPART B OFFICERS AND ENLISTED PERSONNEL Chapter 21. General Service 23. Pennsylvania National Guard 25. Pennsylvania Guard
51 Pa.C.S. § 503 — PA Code / Title 51 / Chapter 5 / Section 503
Training and Federal property of Pennsylvania National Guard.
Status: in_force

The Governor shall assume the obligation of carrying out the training requirement set forth under the applicable Federal

statutes and regulations for the Pennsylvania National Guard. This training function is hereby delegated and becomes the responsibility of the normal channels of command in the Pennsylvania National Guard. The Governor shall furnish suitable shelter for personnel and suitable storage facilities for Federal property, issued for use of the Pennsylvania National Guard.
51 Pa.C.S. § 5405 — PA Code / Title 51 / Chapter 54 / Section 5405
Jurisdiction of summary courts-martial.
Status: in_force

(a) General rule.--Subject to section 5402 (relating to jurisdiction of courts-martial in general), summary courts-martial shall have jurisdiction to try all persons subject to this part, except officers, cadets, candidates and midshipmen, for any offense made punishable by this part and may, under such limitations as the Governor may prescribe, adjudge any of the following punishments:

(1) A fine of not more than $500.

(2) Confinement for not more than ten days.

(3) Restriction to specified limits for no more than two months.

(4) Forfeiture of not more than two-thirds of pay for a period not exceeding one month.

(5) Reduction to the next lower grade.

(b) Objection to summary court-martial.--No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial shall be ordered by special or general court-martial, as may be appropriate.
51 Pa.C.S. § 2 — PA Code / Title 51 / Chapter 2 / Section 2
Applicability.
Status: in_force

This act shall apply to fiscal years beginning on and after July 1, 2007, when and if funds are specifically appropriated to support the grant program established by this act. The appropriation to the Department of Military and Veterans Affairs for veterans outreach services in section 218 of the Act of July 17, 2007 (P.L.499, No.8A), known as the General Appropriation Act of 2007, shall be disbursed consistently with the provisions of this act. Explanatory Note. Act 66 added section 9304 of Title 51. 2012, MAY 8, P.L.248, NO.36
51 Pa.C.S. § 3213 — PA Code / Title 51 / Chapter 32 / Section 3213
Program stipend.
Status: in_force

(a) General rule.--

(1) A resident physician, physician or physician assistant who meets the requirements under subsection (c) may receive a stipend of $1,000 per month for no more than 48 months of medicine residency or the first 36 accession months of service to the Pennsylvania National Guard.

(2) A behavioral health officer, public health officer or environmental science officer who meets the requirements under subsection (c) may receive a stipend of $500 per month for no more than the first 36 accession months of service to the Pennsylvania National Guard.

(b) Areas of concentration.--An area of concentration qualification for a medical or health officer must be approved by the National Guard Bureau through a predetermination request completed by the Pennsylvania Army National Guard Army Medical Department Officer Strength Manager.

(c) Requirements.--In order to qualify for a stipend under subsection (a), a medical officer or health officer shall meet all of the following:

(1) Be a member in good standing with the Pennsylvania National Guard.

(2) Be assigned to an appropriate medical or health position in the Pennsylvania National Guard.

(3) Agree to serve as a medical officer or health officer in the Pennsylvania National Guard after completion of residency or initial service obligation for a period of one month for each monthly stipend received. This service obligation shall be concurrent with any other military service obligation of the officer.

(d) Receipt of stipend.--A stipend under subsection (a) shall be paid to an eligible medical officer or health officer whose application for the stipend is approved at the completion of each month of residency or service. A medical officer or health officer may not receive a stipend under subsection (a) for more than 48 months during the period of service in the Pennsylvania National Guard.

(e) Adjustments.--If the Adjutant General determines that the amount available for the program in any year will be insufficient to provide stipends in the amount described under subsection (a), the Adjutant General may place a cap on the number of medical officers or health officers eligible to receive stipends or may adjust the amount of the annual stipend.

(f) Construction.--Nothing in this section shall be construed to prohibit a medical officer or health officer who is serving in the Pennsylvania National Guard before the effective date of this section and who meets the requirements under subsection (c) from receiving a stipend under subsection

(a) during the period of medicine residency or service.

Cross References. Section 3213 is referred to in section 3214 of this title.
51 Pa.C.S. § 5709 — PA Code / Title 51 / Chapter 57 / Section 5709
Former jeopardy.
Status: in_force

(a) General rule.--No person subject to this part shall, without the person's consent, be tried a second time for the same offense. Prosecution under this part shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction.

(b) Definition of trial.--No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. However, a proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
51 Pa.C.S. § 8701 — PA Code / Title 51 / Chapter 87 / Section 8701
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:

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

"Educational institution." Any college or university of the State System of Higher Education, a State-aided educational or

training institution of a secondary or college grade or other institution of higher education, a business school, a trade school, a hospital school providing training for nurses, an institution providing courses in beauty culture, art, radio or undertaking or embalming, or such other educational training within this Commonwealth approved by the commission.

"Eligible disabled or deceased veteran." A person who served in the military or naval forces of the United States, or a women's organization officially connected therewith, who:

(1) was killed in action or died as a result of wounds incurred during a period of war or armed conflict or as a result of hostile fire or terrorist attack during peacetime (as determined by the Department of Military Affairs);

(2) died in service during a period of war or armed conflict;

(3) was honorably discharged from the military or naval forces of the United States and certified by the United States Veterans' Administration as a 100% disabled veteran as a result of service during a period of war or armed conflict or as a result of hostile fire or terrorist attack (as determined by the Department of Military Affairs) during peacetime; or

(4) was honorably discharged from the military or naval forces of the United States and died as a result of a service-connected disability (as certified by the United States Veterans' Administration) incurred during a period of war or armed conflict or as a result of peacetime hostile fire or terrorist attack (as determined by the Department of Military Affairs).

"Qualified child." Any child meeting the requirements of section 8703 (relating to eligibility and qualification requirements). References in Text. The Department of Military Affairs, referred to in this section, is now the Department of Military and Veterans Affairs. See Act 80 of 1995 and Act 12 of 1996.
51 Pa.C.S. § 5718 — PA Code / Title 51 / Chapter 57 / Section 5718
Court to announce action.
Status: in_force

Every court-martial shall announce its findings and sentence to the parties as soon as determined.
51 Pa.C.S. § 4625 — PA Code / Title 51 / Chapter 46 / Section 4625
Effect of prior judicial order or agreement.
Status: in_force

In a proceeding for a grant of custodial responsibility under this subchapter, the following apply:

(1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this Commonwealth other than this chapter for modifying a judicial order regarding custodial responsibility.

(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Subchapter B (relating to agreement addressing custodial responsibility during deployment), unless the court finds that the agreement is contrary to the best interest of the child. Cross References. Section 4625 is referred to in section 4632 of this title.
51 Pa.C.S. § 708 — PA Code / Title 51 / Chapter 7 / Section 708
Fort Indiantown Gap.
Status: in_force

(a) Operation.--The Adjutant General is authorized to promulgate rules, regulations and policies for the continuing operation of Fort Indiantown Gap.

(b) Lease of installation.--The Adjutant General is authorized to enter into agreements with the Federal Government and state governments for the purpose of permitting soldiers under their command to use the real estate and equipment at Fort Indiantown Gap for military training purposes.

(c) Real estate.--Upon the request of the Adjutant General and with the approval of the Governor, the Secretary of General Services is authorized to purchase lands adjacent to Fort Indiantown Gap and to accept on behalf of the department and the Commonwealth any improvements or appurtenances to the lands comprising the installation.

(d) Morale, recreation and welfare.--The Adjutant General is authorized to operate facilities and organize activities and programs at Fort Indiantown Gap for the purpose of improving the morale, welfare and quality of life of service members, military dependents and veterans. The Adjutant General is also authorized to enter into concession agreements with private organizations for the continued operation of a canteen, exchange, commissary, restaurant or other enterprise which will improve the morale or welfare of active, retired or reserve members. These operations, facilities, activities and programs must be financially self-sustaining, and any income, including fees and charges, derived from the concession agreements and the operation of the facilities, activities and programs shall be deposited by the Adjutant General with a bank or trust company. Moneys in the account may only be used for the continued operation of the facilities, activities or programs at Fort Indiantown Gap. Any Federal funds specifically designated to assist the Adjutant General in implementing this subsection are hereby appropriated to the department for these purposes. No General Fund moneys or other State funds shall be used for the purposes authorized under this subsection. An audit of all accounts under this subsection must be conducted annually on the State fiscal year basis, and the department shall provide a copy of the audit to the Secretary of the Budget.

(e) Offense.--A person who violates a rule or regulation promulgated under this section and designated by the Adjutant General as being for the protection of persons or property at Fort Indiantown Gap commits a summary offense. (May 7, 1998, P.L.355, No.56, eff. July 1, 1998; Oct. 27, 2010, P.L.872, No.89, eff. 60 days) 2010 Amendment. Act 89 added subsec. (e). 1998 Amendment. Act 56 added section 708.
51 Pa.C.S. § 1901 — PA Code / Title 51 / Chapter 19 / Section 1901
Legislative findings (Expired).
Status: reserved

2005 Expiration. Section 1901 expired June 30, 2005. See Act 8 of 2003.
51 Pa.C.S. § 5711 — PA Code / Title 51 / Chapter 57 / Section 5711
Opportunity to obtain witnesses and other evidence.
Status: in_force

(a) General rule.--The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor or department may prescribe.

(b) Issuance of process.--The following shall apply to issuance of process:

(1) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall apply the principles of law and the rules of courts-martial generally recognized in military criminal cases in the courts of the armed forces of the United States, unless contrary to or inconsistent with this part.

(2) If process in paragraph (1) is contrary or inconsistent with this part, process shall be similar to that which the courts of this Commonwealth having criminal jurisdiction may lawfully issue and shall run to any part of the Commonwealth and to any other state, territory or district of possession in which the court-martial may be sitting.

(3) If process in paragraphs (1) and (2) are contrary to or inconsistent with this part, process may be executed by civil officers as prescribed by the laws of the place where the witness or evidence is located or of the United States.
51 Pa.C.S. § 1508 — PA Code / Title 51 / Chapter 15 / Section 1508
Payment of armory rentals by Commonwealth.
Status: in_force

The annual rental of all armories and buildings not owned by the Commonwealth and occupied by any organization of the Pennsylvania military forces, the Pennsylvania National Guard and the Pennsylvania Guard, shall be paid by the State Treasurer in the manner provided by law. All payments for light, heat, water and janitor services in rented armories and buildings shall be made by the department upon properly itemized vouchers, except where the services are furnished by the landlord under the rental contract. (July 7, 2022, P.L.494, No.48, eff. 60 days)
51 Pa.C.S. § 7318 — PA Code / Title 51 / Chapter 73 / Section 7318
Unemployment compensation benefits.
Status: in_force

(a) General rule.--Compensation payable under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, shall not be reduced pursuant to section 404(d)(1) of that act by reason of any military pay and allowances paid to a member of the Pennsylvania National Guard or a member of a reserve component of the armed forces for periods of active duty for emergencies as declared by the Governor or drill and instruction under 32 U.S.C. § 502(a)(1) (relating to required drills and field exercises) or for a member of a reserve component of the armed forces for drill or instruction under 10 U.S.C. (relating to armed forces).

(b) Applicability.--This section shall not apply to military pay and allowances paid to a member of the Pennsylvania National Guard for active Federal service or participation in annual training under 32 U.S.C. § 502(a)(2) or for a member of a reserve component of the armed forces for active military duty under 10 U.S.C. (relating to armed forces). (Oct. 18, 2000, P.L.540, No.72, eff. 60 days; Dec. 9, 2002, P.L.1382, No.169, eff. 60 days) 2000 Amendment. Section 2 of Act 72 provided that Act 72 shall apply to unemployment compensation for weeks commencing on or after the effective date of Act 72.
51 Pa.C.S. § 8703 — PA Code / Title 51 / Chapter 87 / Section 8703
Eligibility and qualification requirements.
Status: in_force

(a) Eligibility standards.--The following requirements shall be used to determine the eligibility of applicants for educational gratuity payments. The applicant shall be:

(1) Not less than 16 years of age nor more than 23 years of age.

(2) The child of an eligible disabled or deceased veteran.

(3) A resident of this Commonwealth for a period of five years immediately preceding the date the application was filed.

(b) Qualification determination.--The commission shall determine qualified applicants based on the following requirements:

(1) The applicant meets the requirements of subsection

(a).

(2) The applicant is attending an approved educational institution.

(3) The applicant demonstrates a financial need for the educational gratuity.

(c) Appeal.--Any aggrieved applicant may appeal the decision of the commission to the Adjutant General under the provisions of Title 2 (relating to administrative law and procedure). Cross References. Section 8703 is referred to in section 8701 of this title.
51 Pa.C.S. § 3704 — PA Code / Title 51 / Chapter 37 / Section 3704
Saving provision.
Status: in_force

Nothing in this chapter shall be construed as to invalidate or repeal any decorations, medals, badges or awards heretofore presented.
51 Pa.C.S. § 9611 — PA Code / Title 51 / Chapter 96 / Section 9611
Exemption.
Status: in_force

(a) Payment.--A veteran-owned or reservist-owned small business shall be exempt from the payment of a business fee.

(b) Proof.--A veteran or reservist must provide the department or licensing authority of a political subdivision with proof of the veteran's or reservist's status using any of the following with any business application:

(1) A copy of a Federal DD-214 form.

(2) A copy of a Federal NGB-22 form.

(3) A valid Federal Veterans' Administration card.

(4) A valid Department of Defense-issued military identification card.

(c) Status.--The Department of State or licensing authority of a political subdivision, in consultation with other Commonwealth agencies, may determine an applicant's status as a veteran or reservist in accordance with this section.

(d) Offenses.--

(1) A person who fraudulently obtains a business fee exemption commits a misdemeanor of the third degree.

(2) A person assigning, transferring or attempting to assign or transfer a business fee exemption or using or attempting to use a business fee exemption contrary to this section commits a misdemeanor of the third degree.

(e) Reporting.--The Department of State shall annually determine the total number of business fee exemptions applied for and issued and the total dollar amount of the exemptions under this section and submit a report to the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. The report may be submitted electronically.
51 Pa.C.S. § 5804 — PA Code / Title 51 / Chapter 58 / Section 5804
Effective date of sentences.
Status: in_force

(a) Forfeiture of pay and allowances.--Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

(b) Confinement.--Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(c) Other sentences.--All other sentences of courts-martial are effective on the date ordered executed. Cross References. Section 5804 is referred to in section 5207 of this title.
51 Pa.C.S. § 512 — PA Code / Title 51 / Chapter 5 / Section 512
Display of POW/MIA flag.
Status: in_force

The POW/MIA flag may be displayed at the western entrance to the Fort Pitt Tunnel in Allegheny County. (Dec. 4, 1992, P.L.771, No.119, eff. imd.) 1992 Amendment. Act 119 added section 512, retroactive to June 30, 1992.
51 Pa.C.S. § 5508 — PA Code / Title 51 / Chapter 55 / Section 5508
Absent and additional members.
Status: in_force

(a) Authorized absence.--No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused, except by the military judge as a result of a challenge, for physical disability or other good cause or by order of the convening authority for good cause.

(b) New members of general court-martial.--Whenever a general court-martial, other than a general court-martial composed of only a military judge, is reduced below five members, the trial shall not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.

(c) New members of special court-martial.--Whenever a special court-martial, other than a special court-martial composed of only a military judge, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had been introduced previously at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, the accused and counsel for both sides.

(d) New military judge of court-martial.--If the military judge of a court-martial composed of only a military judge is

unable to proceed with the trial because of physical disability, as a result of a challenge or for other good cause, the trial shall proceed, subject to any applicable conditions of section 5401 (relating to courts-martial classified), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides. Cross References. Section 5508 is referred to in sections 5704, 5706 of this title.
51 Pa.C.S. § 6103 — PA Code / Title 51 / Chapter 61 / Section 6103
Text of part to be available.
Status: in_force

(a) Explanation of certain provisions.--Provisions of this part specifically designated by regulation as required to be explained to enlisted members shall be carefully explained to each enlisted member at the time of or within 30 days after the member's initial entry into the State military forces and at such periodic briefings as shall be required by regulation.

(b) Availability of text.--A complete text of this part and of the regulations prescribed by the Governor, Adjutant General or department shall be made available to members of the State military forces, upon request.
51 Pa.C.S. § 9402 — PA Code / Title 51 / Chapter 94 / Section 9402
Federal reports of persons missing in action or interned as evidence.
Status: in_force

An official written report, or record, or duly certified copy thereof, that a person is missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, made by any officer, or employee of the United States authorized by the statute referred to in section 9401 (relating to Federal findings of death or other status as evidence), or by any other law of the United States to make same, shall be received in any court, office, or other place in this Commonwealth as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged, or captured by an enemy, or is dead, or is alive, as the case may be. Cross References. Section 9402 is referred to in section 9403 of this title.
51 Pa.C.S. § 5713 — PA Code / Title 51 / Chapter 57 / Section 5713
Contempts.
Status: in_force

A military judge or summary court-martial officer may punish for contempt any person who uses any menacing word, sign or gesture in his presence or who disturbs proceedings by any riot or disorder. The following punishments shall apply:

(1) A person subject to this part may be punished for contempt by confinement not to exceed 30 days or a fine of $100, or both.

(2) A person not subject to this part may be punished for contempt by a military court in the same manner used by a criminal court of the jurisdiction.
51 Pa.C.S. § 3209 — PA Code / Title 51 / Chapter 32 / Section 3209
Administration.
Status: in_force

(a) Appropriation and administrative costs.--The General Assembly shall appropriate funds to pay full-time and part-time educational assistance grants under this subchapter. A portion of the funds appropriated may be used to pay the costs of the administration of this subchapter and Subchapter B (relating to Medical Officer or Health Officer Incentive Program).

(b) Limitation.--Administrative costs for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated. (June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.)
51 Pa.C.S. § 706 — PA Code / Title 51 / Chapter 7 / Section 706
Cooperative agreements.
Status: in_force

The department may enter into cooperative agreements with the Federal Government to perform certain military or training functions. A cooperative agreement shall contain any appendixes and supplements necessary to allow for the performance of those functions and reimbursement by the Federal Government. (May 7, 1998, P.L.355, No.56, eff. July 1, 1998) 1998 Amendment. Act 56 added section 706.
51 Pa.C.S. § 9602 — PA Code / Title 51 / Chapter 96 / Section 9602
Regulations.
Status: in_force

(a) Promulgation.--The Department of General Services shall establish policy in accordance with this subchapter for executive agencies and independent agencies and may, in consultation with the department, promulgate regulations establishing detailed definitions of the words and phrases defined in section 9601 (relating to definitions) using, in addition to the criteria set forth in section 9601, other criteria as it deems appropriate, including the number of employees and the dollar volume of business.

(b) Implementation.--State-affiliated entities shall implement the policy for their procurement programs.

(c) Antifraud provisions.--The Department of General Services shall establish policy and promulgate regulations establishing antifraud provisions to deter and penalize businesses that are not owned by those who are service-disabled or by veterans but who falsely claim that they are in order to receive any action authorized by this subchapter.

(d) Notice.--Notice of the antifraud provisions and an e-mail address and telephone number to report violations of the antifraud provisions to the Department of General Services shall be included, if feasible, in any application to be certified or to be included in any source list authorized by this subchapter. The Department of General Services shall include in its annual reports to the General Assembly information about the number of businesses penalized for violating antifraud provisions. (Nov. 3, 2016, P.L.1053, No.135, eff. 60 days) 2016 Amendment. See section 7 of Act 135 in the appendix to this title for special provisions relating to status of certain businesses. Cross References. Section 9602 is referred to in section 9601 of this title.
51 Pa.C.S. § 6045 — PA Code / Title 51 / Chapter 60 / Section 6045
General article.
Status: in_force

Though not specifically described in this part, a person subject to this title who engages in any disorder and neglect to the prejudice of good order and discipline in the State military forces or who engages in any conduct of a nature to bring discredit upon the State military forces shall be punished as a court-martial may direct. However, where an act or omission constitutes an offense that violates both this part and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court will be determined in accordance with section 5104 (relating to subject matter jurisdiction).
51 Pa.C.S. § 5601 — PA Code / Title 51 / Chapter 56 / Section 5601
Charges and specifications.
Status: in_force

(a) Execution and contents.--Charges and specifications shall be signed by a person subject to this part under oath before a commissioned officer authorized by this part to administer oaths and shall state:

(1) That the signer has personal knowledge of or has investigated the matters set forth therein.

(2) That they are true in fact to the best of the signer's knowledge and belief.

(b) Disposition.--Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline. The person accused shall be informed of the charges against him as soon as practicable. Cross References. Section 5601 is referred to in section 5714 of this title.
51 Pa.C.S. § 7311 — PA Code / Title 51 / Chapter 73 / Section 7311
Sale of real property for delinquent taxes and municipal claims.
Status: in_force

(a) Lien saved on stay of sale.--Whenever, pursuant to the provisions of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, a sale of any real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in military service, or his dependents, at the commencement of his period of military service and still so occupied by his dependents or employees, to enforce the collection of a delinquent tax or municipal claim, or the commencement of any proceeding or action for such purposes, is stayed by any court of record of this Commonwealth, the lien of the tax or of a tax or municipal claim affected thereby, shall not be lost.

(b) Sale and lien time limitations extended.--In all such cases the time fixed by statute for any such sale, or the commencement of any such proceeding or action, and the lien of the tax or the tax or municipal claim, is hereby extended for a period equal to the time during which the stay of the court was effective.

(c) Redemption period extended.--Whenever the real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in the military service, or his dependents, at the commencement of his military service and still so occupied by his dependents or employees, has been sold to enforce the collection of any tax or municipal claim, and such person in military service has the right to redeem the same, and the period of redemption shall expire at any time before the expiration of six months after the termination of the military service of such person, the period of redemption

as to such real property shall be extended, and such person in military service shall have the right to redeem such property at any time not later than six months after the termination of the military service of such person.
51 Pa.C.S. § 906 — PA Code / Title 51 / Chapter 9 / Section 906
Delegating responsibility for requisitioning Federal supplies.
Status: in_force

The responsibility of requisitioning, procurement, storage and issue of Federal property, arms and equipment for use of the Pennsylvania National Guard may be delegated to the duly appointed United States Property and Fiscal Officers and the duly appointed Assistant United States Property and Fiscal Officers for Air.
51 Pa.C.S. § 712 — PA Code / Title 51 / Chapter 7 / Section 712
Veterans registry.
Status: in_force

(a) Establishment of veterans registry.--The department shall establish a registry of veterans residing in this Commonwealth in order to provide information on Federal, State and local government benefits, programs and services available to veterans and to link veterans with resources that can provide assistance. Upon registration, if permission is granted by the registrant, the registrant's information shall be shared with county directors of veterans affairs and other State agencies.

(b) Coordination with State agencies.--The department shall coordinate with other State agencies that have contact with veterans to establish a paper and an online registry form to enable State agencies to assist the department in registering veterans who wish to be included in the registry.

(c) Duties of department.--The department shall provide access to a paper and an online registry form which contain a statement indicating the purpose for the registry. The forms shall be developed to obtain the following information relating to the veteran:

(1) Personal information, including title, first, middle and last name.

(2) Age, gender, address and county of residence.

(3) Ten-digit phone number and e-mail address.

(4) Declaration of military service.

(5) Benefit and program information requests for various benefits and programs for which veterans may be eligible.

(6) A signed statement, or, for online applicants, a box that is checked, indicating that the veteran grants permission for the department to store and share the veteran's information with the county director of veterans affairs for the county indicated and with other State

agencies to ensure that the Commonwealth provides the veteran assistance in receiving earned benefits.

(7) The State agency which assisted the veteran.

(d) Duties of State agencies.--State agencies under subsection (b) shall:

(1) Utilize the paper or online registry form to develop a mechanism to identify veterans the agency serves for the purpose of expanding the registry.

(2) For each veteran who wishes to be included in the registry, provide assistance in filling out the paper or online registry form for the department to add the veteran to the registry.

(3) Submit a registrant's paper registry form to the department within 30 days from the date the veteran opts into the registry.

(e) Use of information.--Information collected under this section may not be sold or used for commercial purposes or used for purposes not specified under this section. Information collected under this section for the registry shall be exempt from being disclosed under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(e.1) Community outreach.--The department may transmit information collected under this section to veteran and community outreach partners who participate in community outreach under the PA VETConnect Program or any program administered by the department.

(f) Report.--By February 1 of each year, the department shall submit to the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairperson and minority chairperson of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives a report on the registry which shall include:

(1) The total number of veterans registered with the department annually.

(2) The number of registrants received by each State agency.

(3) (Deleted by amendment).

(4) Outreach expenses incurred by the department.

(g) Guidelines.--The Adjutant General may adopt and promulgate guidelines necessary to carry out the provisions of this section. (Dec. 22, 2017, P.L.1224, No.69, eff. 60 days; July 17, 2024, P.L.835, No.71, eff. 60 days) 2024 Amendment. Act 71 amended subsec. (f) and added subsec. (e.1). 2017 Amendment. Act 69 added section 712.
51 Pa.C.S. § 13 — PA Code / Title 51 / Chapter 13 / Section 13
Applicability.
Status: in_force

This act shall apply as follows: * * *

(2) The amendment or addition of 51 Pa.C.S. § 7306(a) and (e) shall apply to leaves of absence or military leaves of absence that are granted on or after the effective date of this section. Explanatory Note. Act 32 amended sections 8102, 8302, 8303, 8304, 8305.2, 8306, 8325, 8326, 8346, 8347, 8502, 8505, 8506 and 8507 of Title 24 and section 7306 of Title 51.
51 Pa.C.S. § 4107 — PA Code / Title 51 / Chapter 41 / Section 4107
Legal aid.
Status: in_force

Members of the Pennsylvania Military Forces on State duty shall receive legal assistance from the Commonwealth for any charge of criminal or civil liability resulting from their duty. The assistance shall be limited to members acting under lawful orders or on good faith reliance on an order which a reasonable person would consider to be lawful under the circumstances. No assistance shall be provided by the Commonwealth when the Pennsylvania National Guard is called into the service of the United States.
51 Pa.C.S. § 8504 — PA Code / Title 51 / Chapter 85 / Section 8504
Amounts of assistance.
Status: in_force

(a) Maximum amount.--In no event shall veterans' temporary assistance payments exceed the established maximum assistance or the documented amount of need, whichever is less.

(b) Standards.--Subject to the limitation set forth in subsection (a), the department shall determine uniform and equitable standards for the amounts of veterans' temporary assistance. The department shall report periodically to the commission on the administration and status of the program.

(c) Restrictions.--No person shall be eligible to receive veterans' temporary assistance for more than the established maximum assistance in any 12-month period.

(d) Method; adjustments.--No payments shall be made in the form of relief orders. The department may adjust the amounts of assistance paid under the program so that total payments do not exceed the amount of available funds. (Oct. 4, 2016, P.L.882, No.109, eff. imd.)
51 Pa.C.S. § 3104 — PA Code / Title 51 / Chapter 31 / Section 3104
Tuition credit (Repealed).
Status: repealed

1996 Repeal. Section 3104 was repealed June 19, 1996, P.L.344, No.56, effective July 1, 1996. The subject matter is now contained in Chapter 32 of this title.
51 Pa.C.S. § 6102 — PA Code / Title 51 / Chapter 61 / Section 6102
Authority to administer oaths and to act as notary.
Status: in_force

(a) Military administration and justice.--The following members of the State military forces may administer oaths for the purposes of military administration, including military justice:

(1) All judge advocates, including the State Judge Advocate.

(2) All summary courts-martial.

(3) All adjutants, assistant adjutants, acting adjutants and personnel adjutants.

(4) All other persons designated by law or by regulations of the State military forces or the armed forces of the United States.

(b) Performance of particular duties.--The following persons may administer oaths necessary in the performance of their duties:

(1) The president, military judge and trial counsel for all general and special courts-martial.

(2) The president and the counsel for the court of any court of inquiry.

(3) All officers designated to take a deposition.

(4) All persons detailed to conduct an investigation.

(5) All recruiting officers.

(6) All other persons designated by law or by regulations of the State military forces or the armed forces of the United States.

(c) Evidence of authority.--The signature without seal of any such person, together with the title of his office, is prima facie evidence of the person's authority.
51 Pa.C.S. § 6034 — PA Code / Title 51 / Chapter 60 / Section 6034
Drunken or reckless driving.
Status: in_force

Any person subject to this part who, while in a duty status or while on a military installation, operates any vehicle while drunk or in a reckless or wanton manner shall be punished as a court-martial may direct.
51 Pa.C.S. § 7302 — PA Code / Title 51 / Chapter 73 / Section 7302
Granting military leaves of absence.
Status: in_force

(a) Enlistment or draft.--Whenever any employee shall, in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, enlist or shall, at any time, be drafted into the active military service of the United States, he shall be automatically granted a military leave of absence. So long as an employee is on military leave of absence, he shall not be removed from his employment and his duties shall either be performed by other employees or by a temporary substitute. During such time he may receive remuneration from his civilian employer.

(b) Reserve components.--Whenever any employee who is a member of a reserve component of the armed forces shall be called or ordered to active duty by the United States and

whenever any employee who is a member of the Pennsylvania National Guard shall be ordered to active State duty or special State duty by the Governor or his designee, he shall automatically be granted a military leave of absence. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 22, 2000, P.L.670, No.90, eff. imd.) Cross References. Section 7302 is referred to in sections 8102, 8506 of Title 24 (Education); sections 5102, 5902, 5906 of Title 71 (State Government).