42 Pa.C.S. § 3733 — PA Code / Title 42 / Chapter 37 / Section 3733
Deposits into account.
Status: in_force

(a) General rule.--

(1) Beginning July 1, 1987, and thereafter, the total of all fines, fees and costs collected by any division of the unified judicial system which are in excess of the amount collected from such sources in the fiscal year 1986-1987 shall be deposited in the Judicial Computer System Augmentation Account. Any fines, fees or costs which are allocated by law or otherwise directed to the Pennsylvania Fish and Boat Commission, to the Pennsylvania Game Commission or to counties and municipalities, to the Crime Victim's Compensation Board, to the Commission on Crime and Delinquency for victim-witness services grants under section 477.15(c) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, to rape crisis centers, to the Emergency Medical Services Operating Fund or to domestic violence shelters shall not be affected by this subchapter.

(2) Beginning July 1, 1999, any fines, fees or costs which are allocated by law or otherwise directed to the Child Passenger Restraint Fund shall not be affected by this subchapter.

(3) Beginning July 1, 2025, and notwithstanding section 3571 (relating to Commonwealth portion of fines, etc.) or this section, any costs charged by magisterial district judges under section 1725.1 (relating to costs) otherwise paid to the Commonwealth shall be deposited into the restricted account established in section 3731 (relating to establishment of restricted receipt account). Nothing in this paragraph shall be construed as affecting the amount payable to counties under section 3572 (relating to county portion of fines, etc.). This paragraph shall expire June 30, 2028.

(a.1) Additional fees.--

(1) In addition to the court costs and filing fees authorized to be collected by statute:

(i) An additional fee of $10 shall be charged and collected by the prothonotaries of the Pennsylvania Supreme, Superior and Commonwealth Courts for each

initial filing for which a fee, charge or cost is now authorized.

(ii) An additional fee of $10 shall be charged and collected by the prothonotaries, clerks of orphans' courts and registers of wills of all courts of common pleas, or by any officials designated to perform the functions thereof, for the initiation of any civil action or legal proceeding.

(iii) An additional fee of $10 shall be charged by the clerks of courts of all courts of common pleas, or by any officials designated to perform the functions thereof, for the initiation of any criminal proceeding for which a fee, charge or cost is now authorized and a conviction is obtained or guilty plea is entered. The additional fee under this subparagraph shall also be charged and collected when a defendant is granted entry into Accelerated Rehabilitative Disposition or any other pretrial diversionary program.

(iv) An additional fee of $10 shall be charged and collected by the minor judiciary, including magisterial district judges, Philadelphia Municipal Court, Philadelphia Traffic Court and Pittsburgh Municipal Court, for the initiation of a legal proceeding for which a fee or cost is now authorized, except that in criminal, summary and traffic matters the fee shall be charged only when a conviction is obtained or guilty plea is entered. The additional fee under this subparagraph shall also be charged and collected when a defendant is granted entry into Accelerated Rehabilitative Disposition or any other pretrial diversionary program.

(v) An additional fee of $10 shall be charged and collected by the recorders of deeds and clerks of court, or by any officials designated to perform similar functions, for each filing of a deed, mortgage or property transfer for which a fee, charge or cost is now authorized. The Supreme Court shall designate by financial regulations which filings meet the criteria of this subparagraph.

(2) The additional fees identified in paragraph (1) shall be fixed and charged for the fiscal years as indicated:

(i) For the fiscal year 2002-2003, $9 of each additional fee shall be deposited into the Judicial Computer System Augmentation Account, and $1 of each additional fee shall be deposited into the Access to Justice Account under section 4904 (relating to establishment of Access to Justice Account).

(ii) For the fiscal years 2003-2004 and 2004-2005, $8.50 of each additional fee shall be deposited into the Judicial Computer System Augmentation Account, and $1.50 of each additional fee shall be deposited into the Access to Justice Account under section 4904.

(iii) For the fiscal year 2005-2006 and each fiscal year thereafter, $8 of each additional fee shall be deposited into the Judicial Computer System Augmentation Account, and $2 of each additional fee shall be deposited into the Access to Justice Account under section 4904.

(3) The moneys charged and collected under this subsection shall be paid to the court imposing the fee, which shall transfer the moneys to the Department of Revenue for deposit into the appropriate account. For the purposes of paragraph (1)(v), the court shall be the court of common pleas.

(b) Limitation on total amount in account.--(Deleted by amendment).

(c) Expiration of section.--(Deleted by amendment). (June 29, 1990, P.L.257, No.59, eff. imd.; Mar. 19, 1992, P.L.18, No.7, eff. imd.; July 11, 1996, P.L.607, No.104, eff. imd.; June 25, 1997, P.L.321, No.32, eff. July 1, 1997; Oct. 12, 1999, P.L.420, No.38, eff. 60 days; Oct. 2, 2002, P.L.841, No.122, eff. Nov. 1, 2002; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 9, 2009, P.L.494, No.49, eff. 60 days; Feb. 4, 2026, P.L.1, No.1, eff. imd.) 2026 Amendment. Act 1 added subsec. (a)(3). Section 4 of Act 1 provided that the amendment or addition of sections 3532 and 3733(a)(3) shall apply retroactively to July 1, 2025. 2009 Amendment. Act 49 amended subsec. (a.1)(1)(iii), (iv) and (v). 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. 2002 Amendment. Act 122 amended subsec. (a.1). 1999 Amendment. Act 38 amended subsec. (a). Court Costs. See section 5 of Act 167 of 1992 in the appendix to this title for special provisions relating to commencement of compensation increases. References in Text. Section 477.15 of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929, referred to in subsec. (a), was repealed by the act of November 11, 1998, P.L.882, No.111, known as the Crime Victims Act. The subject matter is now contained in Act 111 of 1998. The Traffic Court of Philadelphia, referred to in subsec.

(a.1)(1)(iv), was abolished by Joint Resolution No.2 of 2016. Cross References. Section 3733 is referred to in section 3733.1 of this title; section 7511 of Title 18 (Crimes and Offenses); sections 1618, 3111, 3733 of Title 75 (Vehicles).
42 Pa.C.S. § 5744 — PA Code / Title 42 / Chapter 57 / Section 5744
Office.
Status: in_force

No privileges or rights conferred by any license issued under the provisions of this subchapter shall be exercised by a bail bondsman, unless such bail bondsman has and shall thereafter maintain an office that is geographically located in this Commonwealth and eligible to receive original process and other legal papers as set forth by the Pennsylvania Rules of Civil Procedure or other applicable court rule. (July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42 Pa.C.S. § 7407 — PA Code / Title 42 / Chapter 74 / Section 7407
Disqualification of collaborative attorney.
Status: in_force

(a) Rule.--

(1) Except as provided in subsection (b), an attorney who represents a party in a collaborative law process and any law firm or government agency with which the attorney is associated shall be disqualified from representing any party or nonparty participant in a proceeding related to the collaborative matter.

(2) Requesting the approval of a settlement agreement by a tribunal shall be considered part of the collaborative law process and not a related proceeding.

(b) Exception.--Disqualification under subsection (a) shall not operate to prevent a collaborative attorney from seeking or defending an emergency order to protect the health, safety or welfare of a party or a family member.
42 Pa.C.S. § 7321.30 — PA Code / Title 42 / Chapter 73 / Section 7321.30
Uniformity of application and construction.
Status: in_force

(a) General rule.--In applying and construing this subchapter, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter among states that enact it.

(b) Right to trial by jury.--Except as provided by an agreement to arbitrate, nothing in this subchapter is intended to require a party to waive the right to trial by jury to the extent provided by the Constitution of the United States and the Constitution of Pennsylvania.

(c) Severability.--If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the remainder of this subchapter and the application of such provisions to other persons or circumstances shall not be affected. Cross References. Section 7321.30 is referred to in section 7321.5 of this title.
42 Pa.C.S. § 4303 — PA Code / Title 42 / Chapter 43 / Section 4303
Effect of judgments and orders as liens.
Status: in_force

(a) Real property.--Any judgment or other order of a court of common pleas for the payment of money shall be a lien upon real property on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b) (relating to enforcement and effect of orders and process) when it is entered of record in the office of the clerk of the court of common pleas of the county where the real property is situated, or in the office of the clerk of the branch of the court of common pleas embracing such county.

(b) Order of court as lien.--Any other order of a court of common pleas shall be a lien upon real and personal property situated within any county embraced within the judicial district on the conditions, to the extent and with the priority provided by statute or prescribed by general rule adopted pursuant to section 1722(b).

(c) Transfer of domestic judgments and orders.--An order of any court of this Commonwealth which is a lien on real or personal property situated within any county of this Commonwealth pursuant to subsection (a) or (b) shall be a lien upon real or personal property situated within any other county to the same extent as if resulting from an order of the court of common pleas of such other county upon compliance with such transfer and filing procedures as may be prescribed by general rule. (Oct. 5, 1980, P.L.693, No.142 eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. imd.) 1982 Amendment. Act 326 amended subsec. (a), retroactive to June 27, 1978.
42 Pa.C.S. § 4501 — PA Code / Title 42 / Chapter 45 / Section 4501
Declaration of policy.
Status: in_force

It is the policy of this Commonwealth that:

(1) All persons entitled to a jury trial in a civil action or criminal proceeding shall have the right to jurors selected at random from a representative cross section of the eligible population of the county.

(2) All qualified citizens shall have the opportunity to be considered for service as jurors in the courts of this Commonwealth and shall have an obligation to serve as jurors when summoned for that purpose.

(3) A citizen shall not be excluded from service as a juror on the basis of race, color, religion, sex, national origin or economic status.
42 Pa.C.S. § 2143 — PA Code / Title 42 / Chapter 21 / Section 2143
Staff.
Status: in_force

Each board of viewers shall be provided with such staff as may be necessary.
42 Pa.C.S. § 3541 — PA Code / Title 42 / Chapter 35 / Section 3541
Judicial and related account.
Status: in_force

The City and County of Philadelphia, each other county of this Commonwealth, and the City of Pittsburgh shall establish and maintain on their respective books an account to be known as the judicial and related account. The account shall exist for accounting purposes only and nothing in this part shall require the actual segregation of the moneys of the account from the general funds of the political subdivision. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) Cross References. Section 3541 is referred to in section 102 of this title.
42 Pa.C.S. § 26 — PA Code / Title 42 / Chapter 26 / Section 26
Repeals and related provisions.
Status: in_force

(a) Suspension of constitutional provisions by statute.--Section 1 (except insofar as it relates to the powers of the Supreme Court), first sentence of section 2, sections 4 and 13, subsections (a), (b), (c), (d), (e), (f), (g), (h),

(i), (j), (r), (s), (t), (u), (w) and (except as provided in section 22 of this act) (z) of section 16, sections 18, 20, 21 and 27, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby superseded and suspended absolutely.

(b) Suspension of constitutional provisions by general rule.--Subsections (o), (p) and (q) of section 16, and sections 17 and 25, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, are hereby superseded and suspended absolutely effective upon the date upon which the provision is or was suspended absolutely by general rule.

(c) Applicability of Statutory Construction Act.--The provisions of 1 Pa.C.S. § 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1 Pa.C.S. § 1974 (relating to effect of separate repeals on code provisions by same General Assembly) shall not be applicable to this act insofar as relates to acts of the present General Assembly through the act of April 17, 1976 (P.L.118, No.52).

(d) Repeals relating to county offices and officers.--The following provisions are hereby repealed insofar as they relate to any county office or officer any of the fees and charges of which are established by the governing authority of the unified judicial system pursuant to 42 Pa.C.S. § 1725 (relating to establishment of fees and charges):

(1) Any provision of law limiting the salary of any officer of the City and County of Philadelphia by reference to the net fees received and paid in or earned and due the said city and county for services rendered by his office, after deduction of payments to deputies and clerks.

(2) Section 1806, act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code."

(e) Repeal relating to budget estimate blanks.--Section 601 of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929," is hereby repealed insofar as it authorizes or requires the Budget Secretary to distribute blanks necessary for the preparation of budget estimates to the prothonotaries of the various courts of the Commonwealth.

(f) Miscellaneous repeals.--

(1) Last sentence of clause (7) of subsection (b) of section 605, act of March 16, 1972 (P.L.108, No.39), known as the "Environmental Improvement Compact," is hereby repealed absolutely.

(2) Subsections (c) and (d) of section 18, act of December 6, 1972 (P.L.1614, No.335), known as the "Pennsylvania Blood Bank Act," are hereby repealed absolutely. § 27. Effect on certain officers.

(a) General rule.--Neither this act nor any provision of Title 42 (relating to judiciary and judicial procedure) as added by this act shall impair or limit the existing rights, powers, functions or immunities of any district attorney, sheriff, register of wills or coroner.

(b) Construction of section.--The provisions of subsection

(a) shall not affect the power of the governing authority under 42 Pa.C.S. § 1725 (relating to establishment of fees and charges) and 42 Pa.C.S. § 1726 (relating to establishment of taxable costs), it being hereby declared that such sections relate to the fees, charges and costs to be collected from the public and not to the remuneration and official expense reimbursement to be received by system and related personnel. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Repeal. Act 326 repealed subsec. (a) in part. The repealed provisions have been deleted from the text. 1978 Partial Repeal. Section 27 was repealed April 28, 1978, P.L.202, No.53, effective in 60 days, insofar as inconsistent with Act 53. § 28. Short title. This act shall be known and may be cited as the "Judiciary Act of 1976." § 29. Effective date. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) 42 Pa.C.S. § 1725 (relating to establishment of fees and charges) and 42 Pa.C.S. § 503(b) (relating to procedures), insofar as applicable to 42 Pa.C.S. § 1725, and section 24(a), (d) and (e) of this act and 42 Pa.C.S. § 102 (relating to definitions), insofar as applicable to all of the foregoing shall take effect January 1, 1977.

(3) The provisions of this act relating to budgeting and financial matters shall take effect with respect to fiscal years commencing July 1, 1977.

(4) All other provisions of this act shall take effect upon the absolute repeal of this paragraph (4). This act shall expire December 31, 1978 unless this paragraph is repealed absolutely prior thereto. (April 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Repeal. Act 53 repealed par. (4). Political Subdivisions. Section 42 of Act 53 of 1978 provided that, notwithstanding section 29(3) of the act of July 9, 1976 (P.L.586, No.142), known as the Judiciary Act of 1976, the provisions of Act 142 relating to budgeting and financial matters shall take effect as to political subdivisions with respect to fiscal years commencing on or after July 1, 1978. 1978, APRIL 28, P.L.202, NO.53 § 1. Short title. This act shall be known and may be cited as the "Judiciary Act Repealer Act." § 2. Repeals. * * *

(c) Statutes designating agent for service of process.--All acts and parts of acts heretofore enacted which require the execution and filing with any government unit or other person of any document expressly evidencing a designation of a person to whom process may be delivered within this Commonwealth with the same effect as if served personally within this Commonwealth are hereby repealed insofar as such acts require such execution and filing in circumstances where the tribunals of this Commonwealth would exercise personal jurisdiction under Chapter 53 of Title 42 of the Pennsylvania Consolidated Statutes (relating to bases of jurisdiction and interstate and international procedure) notwithstanding the absence of such designation.

(d) Statutes repealed by Penal Code of 1939.--All acts and parts of acts heretofore specially repealed by section 1201 of the act of June 24, 1939 (P.L.872, No.375), known as "The Penal Code," are hereby repealed absolutely. * * *

(f) Statutes vesting jurisdiction.--All acts and parts of acts heretofore enacted are hereby repealed insofar as such acts vest jurisdiction in any court or district justice in addition to or in any manner inconsistent with the jurisdiction provided by Title 42 of the Pennsylvania Consolidated Statutes, as amended hereby. * * *

(k) Statutes relating to constables.--Nothing in this act or the act to which this is a supplement shall affect existing laws relating to the election or appointment of constables or impair or limit the existing rights, powers, functions or immunities of any constable, it being hereby declared that the General Assembly intends to codify the law relating to constables in separate legislation. * * * References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

§ 3. Cross reference and interpretation.

(a) Cross reference.--This act shall be deemed a part of the act of July 9, 1976 (P.L.586, No.142), known as the "Judiciary Act of 1976," for the purposes of 1 Pa.C.S. § 1975 (relating to effect of repeal on limitations) and § 1978 (relating to repeal as obsolete does not affect substantive rights).

(b) Interpretation.--The specific repeals effected by section 2 are intended to eliminate obsolete, unnecessary or suspended statutory provisions. General rules promulgated pursuant to the Constitution of Pennsylvania and the Judicial Code in effect on the effective date of the repeal of a statute, shall prescribe and provide the practice and procedure with respect to the enforcement of any right, remedy or immunity where the practice and procedure had been governed by the repealed statute on the date of its repeal. If no such general rules are in effect with respect to the repealed statute on the effective date of its repeal, the practice and procedure provided in the repealed statute shall continue in full force and effect, as part of the common law of the Commonwealth, until such general rules are promulgated. Nothing in this act is intended to revive any act heretofore supplied and repealed by later inconsistent legislation. The fact that this act specifically repeals part of an act shall not create any implication that the unrepealed parts of such act are consistent with or are not supplied by the applicable provisions of the Pennsylvania Consolidated Statutes or other later statutes.

(c) Prior laws.--(Repealed).

(d) District justices.--An express reference in any statute or other law to a justice of the peace or to the office of justice of the peace shall hereafter be deemed a reference to a district justice or to the office of district justice. Any person appointed or elected to judicial office in a magisterial district shall be known as and hereafter shall be commissioned as the "district justice" in and for the appropriate magisterial district. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) 1982 Repeal. Act 326 repealed subsec. (c). References in Text. Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
42 Pa.C.S. § 5106 — PA Code / Title 42 / Chapter 51 / Section 5106
Change of venue.
Status: in_force

The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided or prescribed by law.
42 Pa.C.S. § 8340.18 — PA Code / Title 42 / Chapter 83 / Section 8340.18
Awards.
Status: in_force

(a) Party asserting immunity.--If a cause of action based on protected public expression is commenced against a party, all of the following apply:

(1) If the party is immune under section 8340.15 (relating to grant of immunity), the court shall award the party attorney fees, court costs and expenses of litigation jointly and severally against each adverse party that asserted the cause of action.

(2) If the party asserts protected public expression immunity and the opposing party voluntarily discontinues the action under Pa.R.C.P. No. 230 (relating to voluntary nonsuit), with or without prejudice, the court shall award the asserting party attorney fees, court costs and expenses of litigation jointly and severally against each adverse party that asserted the cause of action.

(b) Party opposing immunity.--If the court determines that a party's assertion of protected public expression immunity is frivolous or filed solely with intent to delay the proceeding, the court shall award the opposing party attorney fees, court costs and expenses of litigation, incurred in opposing the assertion of protected public expression immunity.
42 Pa.C.S. § 8722 — PA Code / Title 42 / Chapter 87 / Section 8722
Petition for access to confidential information.
Status: in_force

The Attorney General, a district attorney, the Executive Director of the Crime Commission acting pursuant to a resolution of the Crime Commission or a committee or subcommittee of either House of the General Assembly having subpoena power to investigate criminal activity, may ex parte petition any judge of the Commonwealth Court for an order providing access to confidential information. Cross References. Section 8722 is referred to in section 8723 of this title.
42 Pa.C.S. § 9799.30 — PA Code / Title 42 / Chapter 97 / Section 9799.30
Global positioning system technology.
Status: in_force

The Pennsylvania Parole Board, the Department of Corrections, the agents of the Department of Corrections and county probation

authorities may impose supervision conditions that include tracking through global positioning system technology. (Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law. 2021 Unconstitutionality. Section 9799.30 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.30 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
42 Pa.C.S. § 3727 — PA Code / Title 42 / Chapter 37 / Section 3727
Restriction on compelling local action.
Status: in_force

A general rule, express order or other order in the nature of a regulation adopted by the governing authority or any other agency or unit of the system which relates to funds, accommodations, facilities, goods, services or supplies which by statute are required to be paid by a political subdivision shall not be effective as to such political subdivision unless the governing body of the political subdivision agrees thereto or is specifically required by statute to take the action or furnish the particular funds, accommodations, facilities, goods or services to which the general rule, express order or other order relates. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 added section 3727.
42 Pa.C.S. § 4544 — PA Code / Title 42 / Chapter 45 / Section 4544
Convening multicounty investigating grand jury.
Status: in_force

(a) General rule.--Application for a multicounty investigating grand jury may be made by the Attorney General to the Supreme Court. In such application the Attorney General shall state that, in his judgment, the convening of a multicounty investigating grand jury is necessary because of organized crime or public corruption or both involving more than one county of the Commonwealth and that, in his judgment, the investigation cannot be adequately performed by an investigating grand jury available under section 4543 (relating to convening county investigating grand jury). The application shall specify for which counties the multicounty investigating grand jury is to be convened. Within ten days of receipt of such application, the court shall issue an order granting the same. Failure by an individual justice to grant such application shall be appealable to the entire Supreme Court.

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

(a) shall:

(1) convene a multicounty investigating grand jury having Statewide jurisdiction, or jurisdiction over all counties requested in the application by the Attorney General;

(2) designate a judge of a court of common pleas to be the supervising judge over such multicounty investigating grand jury and provide that such judge shall with respect to investigations, presentments, reports, and all other proper activities of said investigating multicounty grand jury, have jurisdiction over all counties in the jurisdiction of said multicounty investigating grand jury;

(3) designate the counties which shall supply jurors and in what ratios;

(4) designate a location or locations for the multicounty investigating grand jury proceeding; and

(5) provide for such other incidental arrangements as may be necessary including the Commonwealth's share of expenses. All matters to be included in such order shall be determined by the justice issuing the order in any manner which he deems appropriate, except that the Supreme Court may adopt general rules, consistent with the provisions of this section, establishing standard procedures for the convening of multicounty investigating grand juries.

(c) Manner of impaneling.--The multicounty investigating grand jury shall be impaneled in the manner provided or prescribed by law.

(d) Effect on district attorneys.--The impaneling of a multicounty investigating grand jury shall in no way diminish the responsibility and the authority of the district attorneys within their jurisdictions to investigate and prosecute organized crime or public corruption or both. Cross References. Section 4544 is referred to in sections 1906.1, 4547 of this title.
42 Pa.C.S. § 5947 — PA Code / Title 42 / Chapter 59 / Section 5947
Immunity of witnesses.
Status: in_force

(a) General rule.--Immunity orders shall be available under this section in all proceedings before:

(1) Courts.

(2) Grand juries.

(3) Investigating grand juries.

(4) The minor judiciary or coroners.

(b) Request and issuance.--The Attorney General or a district attorney may request an immunity order from any judge of a designated court, and that judge shall issue such an order, when in the judgment of the Attorney General or district attorney:

(1) the testimony or other information from a witness may be necessary to the public interest; and

(2) a witness has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.

(c) Order to testify.--Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information in a proceeding specified in subsection (a), and the person presiding at such proceeding communicates to the witness an immunity order, that witness may not refuse to testify based on his privilege against self-incrimination.

(d) Limitation on use.--No testimony or other information compelled under an immunity order, or any information directly or indirectly derived from such testimony or other information, may be used against a witness in any criminal case, except that such information may be used:

(1) in a prosecution under 18 Pa.C.S. § 4902 (relating to perjury) or under 18 Pa.C.S. § 4903 (relating to false swearing);

(2) in a contempt proceeding for failure to comply with an immunity order; or

(3) as evidence, where otherwise admissible, in any proceeding where the witness is not a criminal defendant.

(e) Civil contempt.--Any person who shall fail to comply with an immunity order may be adjudged in civil contempt and committed to the county jail until such time as he purges himself of contempt by complying with the order, except that with regard to proceedings before grand juries or investigating grand juries, if the grand jury before which a person has been ordered to testify has been dissolved, he may then purge himself of contempt by complying before the designated court which issued the order.

(f) Criminal contempt.--In addition to civil contempt as provided in subsection (e), any person who shall fail to comply with an immunity order shall be guilty of criminal contempt, and upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 or to undergo imprisonment for a period of not more than one year, or both.

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

"Designated court."

(1) In the case of proceedings before courts, countywide grand juries, countywide investigating grand juries, the minor judiciary or coroners: the court of common pleas of the judicial district in which the proceeding is taking place.

(2) In the case of proceedings before multicounty investigating grand juries: the judge of the court of common pleas designated as supervising judge of that grand jury.

"Immunity order." An order issued under this section by a designated court, directing a witness to testify or produce other information over a claim of privilege against self-incrimination. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 4, 1978, P.L.873, No.168, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days) Cross References. Section 5947 is referred to in section 911 of Title 18 (Crimes and Offenses).
42 Pa.C.S. § 9809 — PA Code / Title 42 / Chapter 98 / Section 9809
Prohibitions.
Status: in_force

(a) General rule.--Recipients may not use funds granted under this chapter to supplant existing funds from the State or local government for existing correctional programs or for the construction, renovation or operation of a State, county or municipal incarceration facility.

(b) Administrative costs.--Administrative costs connected with the expenditure of county intermediate punishment funds under this chapter may not exceed a percentage amount established by the commission.
42 Pa.C.S. § 8550 — PA Code / Title 42 / Chapter 85 / Section 8550
Willful misconduct.
Status: in_force

In any action against a local agency or employee thereof for damages on account of an injury caused by the act of the employee in which it is judicially determined that the act of the employee caused the injury and that such act constituted a crime, actual fraud, actual malice or willful misconduct, the provisions of sections 8545 (relating to official liability generally), 8546 (relating to defense of official immunity), 8548 (relating to indemnity) and 8549 (relating to limitation on damages) shall not apply. Cross References. Section 8550 is referred to in section 4352 of Title 23 (Domestic Relations).

LIMITATIONS ON DAMAGES
42 Pa.C.S. § 2393 — PA Code / Title 42 / Chapter 23 / Section 2393
Holidays.
Status: in_force

On and after the date of transfer to the State judicial personnel system, transferred administrators shall be eligible

for those paid holidays specified in State judicial personnel policies.
42 Pa.C.S. § 8345 — PA Code / Title 42 / Chapter 83 / Section 8345
No liability when without power of censorship.
Status: in_force

Liability shall be denied and no recovery shall be allowed against the owners, licensees and operators of any visual or sound radio and television station or network of stations or against the agents, servants or employees of such owner, licensee or operator, for the publication, utterance or broadcasting of any defamatory matter, where the publication, utterance or broadcasting thereof is not subject to their censorship or control by reason of any Federal statute or any regulation, ruling or order of the Federal Communications Commission.
42 Pa.C.S. § 5301 — PA Code / Title 42 / Chapter 53 / Section 5301
Persons.
Status: in_force

(a) General rule.--The existence of any of the following relationships between a person and this Commonwealth shall

constitute a sufficient basis of jurisdiction to enable the tribunals of this Commonwealth to exercise general personal jurisdiction over such person, or his personal representative in the case of an individual, and to enable such tribunals to render personal orders against such person or representative:

(1) Individuals.--

(i) Presence in this Commonwealth at the time when process is served.

(ii) Domicile in this Commonwealth at the time when process is served.

(iii) Consent, to the extent authorized by the consent.

(2) Corporations.--

(i) Incorporation under or qualification as a foreign corporation under the laws of this Commonwealth.

(ii) Consent, to the extent authorized by the consent.

(iii) The carrying on of a continuous and systematic part of its general business within this Commonwealth.

(3) Partnerships, limited partnerships, partnership associations, professional associations, unincorporated associations and similar entities.--

(i) Formation under or qualification as a foreign entity under the laws of this Commonwealth.

(ii) Consent, to the extent authorized by the consent.

(iii) The carrying on of a continuous and systematic part of its general business within this Commonwealth.

(b) Scope of jurisdiction.--When jurisdiction over a person is based upon this section any cause of action may be asserted against him, whether or not arising from acts enumerated in this section. Discontinuance of the acts enumerated in subsection (a)(2)(i) and (iii) and (3)(i) and (iii) shall not affect jurisdiction with respect to any act, transaction or omission occurring during the period such status existed. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; July 10, 1981, P.L.237, No.77, eff. 60 days) Cross References. Section 5301 is referred to in section 5322 of this title; section 2576 of Title 15 (Corporations and Unincorporated Associations); section 1502 of Title 17 (Credit Unions).
42 Pa.C.S. § 9755.1 — PA Code / Title 42 / Chapter 97 / Section 9755.1
Temporary release from county correctional institution.
Status: reserved

(a) (Reserved).

(b) Surrender of wages.--When an inmate is employed for wages or salary, the chief administrator of the county correctional institution shall collect the wages or salary or require the inmate to turn over his wages or salary in full when received, and the chief administrator shall deposit the same in a trust checking account and keep a ledger showing the status of the account of each inmate.

(c) Liability for board cost.--

(1) An inmate gainfully employed shall be liable for the cost of his board in the county correctional institution as fixed by the county commissioners. If necessarily absent from jail at a meal time, the inmate shall, at his request, be furnished with an adequately nourishing lunch to carry to work.

(2) The chief administrator of the county correctional institution shall charge the inmate's account if the inmate has one for such board.

(3) If the inmate is gainfully self employed, the inmate shall pay for such board in default of which his privilege under this section shall be automatically forfeited.

(4) If the food in the county correctional institution is furnished directly by the county, the chief administrator of the county correctional institution shall account for and pay over such board payments to the county treasurer.

(d) Disbursements from inmate accounts.--By order of the court, the wages or salaries of employed inmates shall be disbursed for the following purposes in the order stated:

(1) The board of the inmate.

(2) Necessary travel expense to and from work and other incidental expenses of the inmate.

(3) Support of the inmate's dependents, if any, the amount to be determined by the court.

(4) Payment of docket costs connected with the commitment of the inmate.

(5) Payment either in full or ratably of the inmate's obligations acknowledged by him in writing or which have been reduced to judgment.

(6) The balance, if any, to the inmate upon discharge.

(e) Intercounty custody.--The court may by order authorize the chief administrator of a county correctional institution to which an inmate is committed to arrange with the chief administrator of another county correctional institution for the employment of the prisoner in the other's county and while so employed to be in the other's custody but in other respects to be and continue subject to the commitment. (Aug. 11, 2009, P.L.147, No.33, eff. 60 days) 2009 Amendment. Act 33 added section 9755.1. Cross References. Section 9755.1 is referred to in sections 9755, 9756 of this title.
42 Pa.C.S. § 2144 — PA Code / Title 42 / Chapter 21 / Section 2144
Powers and duties.
Status: in_force

Each board of viewers shall exercise the powers and perform the duties vested in and imposed upon such boards by law.
42 Pa.C.S. § 7102 — PA Code / Title 42 / Chapter 71 / Section 7102
Comparative negligence.
Status: in_force

(a) General rule.--In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

(a.1) Recovery against joint defendant; contribution.--

(1) Where recovery is allowed against more than one person, including actions for strict liability, and where liability is attributed to more than one defendant, each defendant shall be liable for that proportion of the total dollar amount awarded as damages in the ratio of the amount of that defendant's liability to the amount of liability attributed to all defendants and other persons to whom liability is apportioned under subsection (a.2).

(2) Except as set forth in paragraph (3), a defendant's liability shall be several and not joint, and the court shall enter a separate and several judgment in favor of the plaintiff and against each defendant for the apportioned amount of that defendant's liability.

(3) A defendant's liability in any of the following actions shall be joint and several, and the court shall enter a joint and several judgment in favor of the plaintiff and against the defendant for the total dollar amount awarded as damages:

(i) Intentional misrepresentation.

(ii) An intentional tort.

(iii) Where the defendant has been held liable for not less than 60% of the total liability apportioned to all parties.

(iv) A release or threatened release of a hazardous substance under section 702 of the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act.

(v) A civil action in which a defendant has violated section 497 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(4) Where a defendant has been held jointly and severally liable under this subsection and discharges by payment more than that defendant's proportionate share of the total liability, that defendant is entitled to recover contribution from defendants who have paid less than their proportionate share. Further, in any case, any defendant may recover from any other person all or a portion of the damages assessed that defendant pursuant to the terms of a contractual agreement.

(a.2) Apportionment of responsibility among certain nonparties and effect.--For purposes of apportioning liability only, the question of liability of any defendant or other person who has entered into a release with the plaintiff with respect to the action and who is not a party shall be transmitted to the trier of fact upon appropriate requests and proofs by any party. A person whose liability may be determined pursuant to this section does not include an employer to the extent that the employer is granted immunity from liability or suit pursuant to the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act. An attribution of responsibility to any person or entity as provided in this subsection shall not be admissible or relied upon in any other action or proceeding for any purpose. Nothing in this section shall affect the admissibility or nonadmissibility of evidence regarding releases, settlements, offers to compromise or compromises as set forth in the Pennsylvania Rules of Evidence. Nothing in this section shall affect the rules of joinder of parties as set forth in the Pennsylvania Rules of Civil Procedure.

(b) Recovery against joint defendant; contribution.--(Deleted by amendment).

(b.1) Recovery against joint defendant; contribution.--(Unconstitutional).

(b.2) Apportionment of responsibility among certain nonparties and effect.--(Unconstitutional).

(b.3) Off-road vehicle riding.--

(1) Off-road vehicle riding area operators shall have no duty to protect riders from common, frequent, expected and nonnegligent risks inherent to the activity, including collisions with riders or objects.

(2) The doctrine of knowing voluntary assumption of risk shall apply to all actions to recover damages for negligence resulting in death or injury to person or property brought against any off-road vehicle riding area operator.

(3) Nothing in this subsection shall be construed in any way to abolish or modify a cause of action against a potentially responsible party other than an off-road vehicle riding area operator.

(c) Downhill skiing.--

(1) The General Assembly finds that the sport of downhill skiing is practiced by a large number of citizens of this Commonwealth and also attracts to this Commonwealth large numbers of nonresidents significantly contributing to the economy of this Commonwealth. It is recognized that as in some other sports, there are inherent risks in the sport of downhill skiing.

(2) The doctrine of voluntary assumption of risk as it applies to downhill skiing injuries and damages is not modified by subsections (a) and (a.1).

(c.2) Savings provisions.--Nothing in this section shall be construed in any way to create, abolish or modify a cause of action or to limit a party's right to join another potentially responsible party.

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

"Defendant or defendants." Includes impleaded defendants.

"Off-road vehicle." A motorized vehicle that is used off-road for sport or recreation. The term includes snowmobiles, all-terrain vehicles, motorcycles and four-wheel drive vehicles.

"Off-road vehicle riding area." Any area or facility providing recreational activities for off-road vehicles.

"Off-road vehicle riding area operator." A person or organization owning or having operational responsibility for any off-road vehicle riding area. The term includes:

(1) Agencies and political subdivisions of this Commonwealth.

(2) Authorities created by political subdivisions.

(3) Private companies.

"Plaintiff." Includes counter claimants and cross-claimants. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; June 19, 2002, P.L.394, No.57, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.; June 28, 2011, P.L.78, No.17, eff. imd.) 2011 Amendment. See sections 2 and 3 of Act 17 in the appendix to this title for special provisions relating to construction of law and applicability. 2007 Effectuation of Declaration of Unconstitutionality. The Legislative Reference Bureau effectuated the 2005 unconstitutionality. 2005 Unconstitutionality. Act 57 of 2002 was declared unconstitutional. Deweese v. Weaver, 880 A.2d 54 (Pa. Commonwealth 2005). 2002 Amendment. Section 6 of Act 57 provided that the amendment of section 7102 shall apply to all causes of action that accrue after the effective date of section 6.
42 Pa.C.S. § 67A03 — PA Code / Title 42 / Chapter 67 / Section 67A03
Requests for law enforcement audio recordings or video recordings.
Status: in_force

The following shall apply:

(1) An individual who requests an audio recording or video recording made by a law enforcement agency shall, within 60 days of the date when the audio recording or video recording was made, serve a written request to the individual who is designated as the open-records officer for the law enforcement agency under section 502 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Service is effective upon receipt of the written request by the open-records officer from personal delivery or certified mail with proof of service.

(2) The request under paragraph (1) shall specify with particularity the incident or event that is the subject of the audio recording or video recording, including the date, time and location of the incident or event.

(3) The request shall include a statement describing the requester's relationship to the incident or event that is the subject of the audio or video recording.

(4) If the incident or event that is the subject of the audio recording or video recording occurred inside a residence, the request shall identify each individual who was present at the time of the audio recording or video recording unless not known and not reasonably ascertainable. Cross References. Section 67A03 is referred to in sections 67A05, 67A06 of this title.
42 Pa.C.S. § 9799.17 — PA Code / Title 42 / Chapter 97 / Section 9799.17
Termination of period of registration for juvenile offenders.
Status: in_force

(a) Juvenile offender.--An individual who is a juvenile offender, with the exception of a juvenile offender whose period of registration is determined by section 9799.15(a)(4.1) (relating to period of registration), shall have the requirement to register terminated if all of the following apply:

(1) At least 25 years have elapsed since the individual was:

(i) adjudicated delinquent for an offense which, if committed by an adult, would be classified as an offense under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault) or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time spent under the supervision of the court, including commitment to an institution or facility set forth in section 6352(a)(3) (relating to deposition of delinquent child); or

(ii) adjudicated delinquent for an offense in another jurisdiction or foreign country which is similar to that which if committed by an adult in this Commonwealth would be classified as an offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 or 3125.

(2) For a period of 25 years prior to the filing of the petition, the individual has not been convicted of a subsequent sexually violent offense or a subsequent offense:

(i) graded as a misdemeanor of the second degree or higher; or

(ii) which is punishable by a term of imprisonment greater than one year.

(3) The individual successfully completed court-ordered supervision without revocation.

(4) The individual successfully completed a treatment program for sexual offenders recognized by the juvenile court in this Commonwealth or another jurisdiction or the United States Attorney General under section 115(b)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b)(1)).

(b) Procedure.--An individual who was adjudicated delinquent in this Commonwealth and who seeks to terminate the obligation to register pursuant to subsection (a) may petition the court of common pleas of the county in which the individual was adjudicated delinquent for termination. An individual who was adjudicated delinquent in another jurisdiction or foreign country may petition the court of common pleas in the county in which the individual has established a residence in this Commonwealth. The court shall:

(1) Within 120 days of the filing of the petition under this subsection, hold a hearing to determine whether to terminate the obligation to register. The petitioner and the district attorney shall be given notice of the hearing and an opportunity to be heard, the right to call witnesses, the right to call expert witnesses and the right to cross-examine witnesses. The petitioner shall have the right to counsel and to have a lawyer appointed if the petitioner cannot afford one.

(2) Terminate the obligation to register only upon a finding of clear and convincing evidence that the petitioner has satisfied the criteria in subsection (a) and that allowing the petitioner to terminate the obligation to register is not likely to pose a threat to the safety of any other person. The burden of proof shall be on the petitioner.

(c) Notice.--A court granting relief under this section shall notify the Megan's Law Unit of the Pennsylvania State Police in writing within ten days from the date relief is granted.

(d) Right to appeal.--The petitioner and the Commonwealth shall have the right to appellate review of the actions of the court taken under this section. An appeal by the Commonwealth shall stay the order of the court.

(e) Prohibition.--This section shall not apply to an individual who:

(1) Has been designated as a sexually violent predator.

(2) Has been convicted of a sexually violent offense who is required to register for a period of 15 years or a period of 25 years.

(3) Has been convicted of a sexually violent offense who is required to register for a period of life.

(4) Is a sexually violent delinquent child. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012) 2021 Unconstitutionality. Section 9799.17 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.17 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). Cross References. Section 9799.17 is referred to in section 9799.23 of this title; section 6338.1 of Title 23 (Domestic Relations).
42 Pa.C.S. § 3526 — PA Code / Title 42 / Chapter 35 / Section 3526
Release of funds.
Status: in_force

(a) General rule.--Each recipient of funds appropriated to the unified judicial system shall, from time to time, as requested by the Administrative Office, prepare and submit to the Administrative Office, for approval or disapproval by the governing authority, an estimate of the amount of money required and the levels of activity and accomplishment for each program carried on by such recipient during the ensuing month, quarter, or such other period as the governing authority shall prescribe. All available Federal funds and funds from other sources shall be characterized as such and shall be included in the estimated expenditures which must be submitted to the Administrative Office before any expenditures therefrom may be made. If such estimate does not meet with the approval of the governing authority, it shall be revised in accordance with the directions of the governing authority and resubmitted for approval. The governing authority may establish an authorized personnel complement level in conjunction with the approved expenditure estimate.

(b) Observance of approved estimate.--After the approval of any such estimate, it shall be unlawful for the recipient of funds appropriated to the unified judicial system to expend any appropriation, Federal funds or funds from other sources, or part thereof, except in accordance with such estimate and the authorized complement level, unless the same be revised with the approval of the governing authority and within the limits appropriated by the General Assembly.

(c) Penalty.--If any recipient to which subsections (a) and

(b) apply shall fail or refuse to submit to the Administrative Office estimates of expenditures as required by this section, the governing authority may order the Administrative Office to withhold disbursement of any funds appropriated to the unified judicial system for such recipient, and thereupon the Administrative Office shall withhold disbursement of any such funds until further order of the governing authority. (Oct. 5, 1980, P.L.693, No.142, eff. 60 days) 1980 Amendment. Act 142 amended subsecs. (a) and (b).
42 Pa.C.S. § 2395 — PA Code / Title 42 / Chapter 23 / Section 2395
Other leave.
Status: in_force

With the exception of leave specified in section 2394 (relating to sick leave and annual leave), a transferred administrator may receive a lump sum payment or other payment for other accrued leave as permitted by the personnel policies of the employing county in effect on the day immediately preceding the date of transfer. Any lump sum payment or other leave payments made pursuant to this section are and shall remain the financial responsibility of the employing county. For purposes of this section, the term "other accrued leave" shall not include accrued sick leave and accrued annual leave and shall include accrued disability leave, accrued personal leave, accrued compensatory leave and other types of accrued leave encompassed within the employing county's personnel policies on the day immediately preceding the date of transfer.
42 Pa.C.S. § 3527 — PA Code / Title 42 / Chapter 35 / Section 3527
Estimates of current expenditures by Administrative Office.
Status: in_force

The Administrative Office shall, from time to time, as requested by the Governor, prepare and submit to the Governor estimates of the amounts of money required for each activity or function to be carried on by the unified judicial system during the ensuing month, quarter, or such other period as the Governor shall prescribe.
42 Pa.C.S. § 4542 — PA Code / Title 42 / Chapter 45 / Section 4542
Definitions.
Status: in_force

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

"Attorney for the Commonwealth." The district attorney of the county in which a county investigating grand jury is summoned, or his designee, or the Attorney General or his designee if the Attorney General has superseded the district attorney; the Attorney General, or his designee, with respect to multicounty investigating grand juries.

"Investigating grand jury." The county investigating grand jury or the multicounty investigating grand jury or both.

"Investigating grand jury presentment." A written formal recommendation by an investigating grand jury that specific persons be charged with specific crimes.

"Investigating grand jury report." A report submitted by the investigating grand jury to the supervising judge regarding conditions relating to organized crime or public corruption or both; or proposing recommendations for legislative, executive, or administrative action in the public interest based upon stated findings.

"Investigative resources of the grand jury." The power to compel the attendance of investigating witnesses; the power to compel the testimony of investigating witnesses under oath; the power to take investigating testimony from witnesses who have been granted immunity; the power to require the production of documents, records and other evidence; the power to obtain the initiation of civil and criminal contempt proceedings; and every investigative power of any grand jury of the Commonwealth.

"Multicounty investigating grand jury." A Statewide or regional investigating grand jury convened by the Supreme Court upon the application of the Attorney General and having jurisdiction to inquire into organized crime or public

corruption or both under circumstances wherein more than one county is named in the order convening said investigating grand jury.

"Organized crime." The unlawful activity of an association trafficking in illegal goods or services, including but not limited to gambling, prostitution, loan sharking, controlled substances, labor racketeering, or other unlawful activities; or any continuing criminal conspiracy or other unlawful practice which has as its objective:

(1) large economic gain through fraudulent or coercive practices; or

(2) improper governmental influence.

"Public corruption." The unlawful activity under color of or in connection with any public office or employment of:

(1) any public official or public employee, or the agent of any public official or public employee under color of or in connection with any public office or employment; or

(2) any candidate for public office or the agent of any candidate for public office.

"Supervising judge." The common pleas judge designated by the president judge to supervise the activities of the county investigating grand jury, or the common pleas judge designated by the Supreme Court to supervise the activities of the multicounty investigating grand jury.

"Supreme Court." The Chief Justice of Pennsylvania or any other justice of the Supreme Court designated by or pursuant to general rule to act for the court under this subchapter. Renumbering. Former section 4542 was renumbered 4532 pursuant to section 216(a)(1) of the act of October 5, 1980, P.L.693, No.142.
42 Pa.C.S. § 6326 — PA Code / Title 42 / Chapter 63 / Section 6326
Release or delivery to court.
Status: in_force

(a) General rule.--A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:

(1) notify the parent, guardian or other custodian of the apprehension of the child and his whereabouts;

(2) release the child to his parents, guardian, or other custodian upon their promise to bring the child before the court when requested by the court, unless his detention or shelter care is warranted or required under section 6325 (relating to detention of child); or

(3) bring the child before the court or deliver him to a detention or shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment. He shall promptly give written notice, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this subsection shall conform to the procedures and conditions prescribed by this chapter and other provisions of law.

(b) Detention in police lockup generally prohibited.--Unless a child taken into custody is alleged to have committed a crime or summary offense or to be in violation of conditions of probation or other supervision following an adjudication of delinquency, the child may not be detained in a municipal police lockup or cell or otherwise held securely within a law enforcement facility or structure which houses an adult lockup. A child shall be deemed to be held securely only when physically detained or confined in a locked room or cell or when secured to a cuffing rail or other stationary object within the facility.

(c) Detention in police lockup under certain circumstances.--A child alleged to have committed a crime or summary offense or to be in violation of conditions of probation or other supervision following an adjudication of delinquency may be held securely in a municipal police lockup or other facility which houses an adult lockup only under the following conditions:

(1) the secure holding shall only be for the purpose of identification, investigation, processing, releasing or transferring the child to a parent, guardian, other custodian, or juvenile court or county children and youth official, or to a shelter care or juvenile detention center;

(2) the secure holding shall be limited to the minimum time necessary to complete the procedures listed in paragraph

(1), but in no case may such holding exceed six hours; and

(3) if so held, a child must be separated by sight and sound from incarcerated adult offenders and must be under the continuous visual supervision of law enforcement officials or facility staff.

(d) Conditions of detention.--Notwithstanding other provisions of law, a child held in nonsecure custody in a building or facility which houses an adult lockup may be so held only under the following conditions:

(1) the area where the child is held is an unlocked multipurpose area which is not designated or used as a secure detention area or is not part of a secure detention area; or, if the area is a secure booking or similar area, it is used only for processing purposes;

(2) the child is not physically secured to a cuffing rail or other stationary object during the period of custody in the facility;

(3) the area is limited to providing nonsecure custody only long enough for the purposes of identification, investigation, processing or release to parents or for arranging transfer to another agency or appropriate facility; and

(4) the child must be under continuous visual supervision by a law enforcement officer or other facility staff during the period of nonsecure custody.

(e) Reports regarding children held in custody.--Law enforcement agencies shall provide information and reports regarding children held in secure and nonsecure custody under subsections (c) and (d) as requested by the Pennsylvania Commission on Crime and Delinquency.

(f) Enforcement of undertaking to produce child.--If a parent, guardian, or other custodian, when requested, fails to bring the child before the court as provided in subsection (a), the court may issue its warrant directing that the child be taken into custody and brought before the court. (June 14, 1991, P.L.68, No.9, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999) 1998 Amendment. Act 126 amended subsec. (c)(1).
42 Pa.C.S. § 8522 — PA Code / Title 42 / Chapter 85 / Section 8522
Exceptions to sovereign immunity.
Status: in_force

(a) Liability imposed.--The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive, in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating to limitations on damages), sovereign immunity as a bar to an action against Commonwealth parties, for damages arising out of a negligent act where the damages would be recoverable under the common law or a statute creating a cause of action if the injury were caused by a person not having available the defense of sovereign immunity.

(b) Acts which may impose liability.--The following acts by a Commonwealth party may result in the imposition of liability on the Commonwealth and the defense of sovereign immunity shall not be raised to claims for damages caused by:

(1) Vehicle liability.--The operation of any motor vehicle in the possession or control of a Commonwealth party. As used in this paragraph, "motor vehicle" means any vehicle which is self-propelled and any attachment thereto, including vehicles operated by rail, through water or in the air.

(2) Medical-professional liability.--Acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel.

(3) Care, custody or control of personal property.--The care, custody or control of personal property in the possession or control of Commonwealth parties, including Commonwealth-owned personal property and property of persons held by a Commonwealth agency, except that the sovereign immunity of the Commonwealth is retained as a bar to actions on claims arising out of Commonwealth agency activities involving the use of nuclear and other radioactive equipment, devices and materials.

(4) Commonwealth real estate, highways and sidewalks.--A dangerous condition of Commonwealth agency real estate and sidewalks, including Commonwealth-owned real property, leaseholds in the possession of a Commonwealth agency and Commonwealth-owned real property leased by a Commonwealth agency to private persons, and highways under the jurisdiction of a Commonwealth agency, except conditions described in paragraph (5).

(5) Potholes and other dangerous conditions.--A dangerous condition of highways under the jurisdiction of a Commonwealth agency created by potholes or sinkholes or other similar conditions created by natural elements, except that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the Commonwealth agency had actual written notice of the dangerous condition of the highway a sufficient time prior to the event to have taken measures to protect against the dangerous condition. Property damages shall not be recoverable under this paragraph.

(6) Care, custody or control of animals.--The care, custody or control of animals in the possession or control of a Commonwealth party, including but not limited to police dogs and horses and animals incarcerated in Commonwealth agency laboratories. Damages shall not be recoverable under this paragraph on account of any injury caused by wild

animals, including but not limited to bears and deer, except as otherwise provided by statute.

(7) Liquor store sales.--The sale of liquor at Pennsylvania liquor stores by employees of the Pennsylvania Liquor Control Board created by and operating under the act of April 12, 1951 (P.L.90, No.21), known as the "Liquor Code," if such sale is made to any minor, or to any person visibly intoxicated, or to any insane person, or to any person known as an habitual drunkard, or of known intemperate habit.

(8) National Guard activities.--Acts of a member of the Pennsylvania military forces.

(9) Toxoids and vaccines.--The administration, manufacture and use of a toxoid or vaccine not manufactured in this Commonwealth under the following conditions:

(i) The toxoid or vaccine is manufactured in, and available only from, an agency of another state.

(ii) The agency of the other state will not make the toxoid or vaccine available to private persons or corporations, but will only permit its sale to another state or state agency.

(iii) The agency of the other state will make the toxoid or vaccine available to the Commonwealth only if the Commonwealth agrees to indemnify, defend and save harmless that agency from any and all claims and losses which may arise against it from the administration, manufacture or use of the toxoid or vaccine.

(iv) A determination has been made by the appropriate Commonwealth agency, approved by the Governor and published in the Pennsylvania Bulletin, that the toxoid or vaccine is necessary to safeguard and protect the health of the citizens or animals of this Commonwealth.

(v) The toxoid or vaccine is distributed by a Commonwealth agency to qualified persons for ultimate use. The Commonwealth shall make the toxoid or vaccine available to a qualified person only if the person agrees to indemnify, defend and save harmless the Commonwealth from any and all claims and losses which may arise against the Commonwealth from the manufacture, distribution, administration or use of the toxoid or vaccine.

(10) Sexual abuse.--Conduct which constitutes an offense enumerated under section 5551(7) (relating to no limitation applicable) if the injuries to the plaintiff were caused by actions or omissions of the Commonwealth party which constitute negligence. (Dec. 11, 1986, P.L.1481, No.151, eff. imd.; Nov. 26, 2019, P.L.641, No.87, eff. Nov. 26, 2019) 2019 Amendment. Act 87 added subsec. (b)(10). See sections 9 and 10(3) of Act 87 in the appendix to this title for special provisions relating to severability and applicability. 1986 Amendment. Act 151 amended subsec. (b). Cross References. Section 8522 is referred to in sections 5522, 8528 of this title; sections 17312, 17342 of Title 16 (Counties); sections 1510.1, 1711 of Title 74 (Transportation); section 6109 of Title 75 (Vehicles).
42 Pa.C.S. § 3574 — PA Code / Title 42 / Chapter 35 / Section 3574
Fines in the nature of private compensation.
Status: in_force

The provisions of this subchapter shall not affect the disposition of fines authorized by law to effect restitution, for support of legal dependents, or otherwise for purposes not augmenting the public revenues.
42 Pa.C.S. § 8548 — PA Code / Title 42 / Chapter 85 / Section 8548
Indemnity.
Status: in_force

(a) Indemnity by local agency generally.--When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and he has given timely prior written notice to the local agency, and it is judicially determined that an act of the employee caused the injury and such act was, or that the employee in good faith reasonably believed that such act was, within the scope of his office or duties, the local agency shall indemnify the employee for the payment of any judgment on the suit.

(b) Indemnity by employee generally.--No employee of a local agency shall be liable to the local agency for any surcharge, contribution, indemnity or reimbursement for any liability incurred by the local agency for damages on account of an injury to a person or property caused by an act of the employee which was within the scope of his office or duties or which he in good faith reasonably believed to be within the scope of his office or duties. No employee of a local agency shall be liable to the local agency for any surcharge, contribution, indemnity or reimbursement for any expenses or legal fees incurred by the local agency while defending the employee against a claim for damages on account of an injury to a person or property caused by an act of the employee.

(c) Cooperation.--In any action against a local agency or an employee thereof for damages on account of an injury caused by the act of the employee in which action the employee has not fully cooperated with the local agency in the defense of the action, the provisions of subsection (b) shall not apply. Cross References. Section 8548 is referred to in section 8550 of this title.
42 Pa.C.S. § 9720.5 — PA Code / Title 42 / Chapter 97 / Section 9720.5
Sentencing for offenses involving sexual abuse of children.
Status: in_force

(a) General rule.--The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children), specifying variations from the range of sentences applicable based on such aggravating circumstances as the age of the child or a determination of prepubescence, the number of images possessed by the defendant, if the child depicted is known to the defendant and the nature and character of the abuse depicted in the images.

(b) Other circumstances.--When a person commits an offense to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3) apply, the Pennsylvania Commission on Sentencing shall, in accordance with section 2154, provide for a sentence enhancement within its guidelines if indecent contact with the child as defined in 18 Pa.C.S. § 3101 (relating to definitions) is depicted and the child depicted is under 10 years of age or prepubescent. (Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014; June 30, 2021, P.L.249, No.53, eff. 60 days)
42 Pa.C.S. § 9799.62 — PA Code / Title 42 / Chapter 97 / Section 9799.62
Other notification.
Status: in_force

(a) Notice by municipality's chief law enforcement officer.--Notwithstanding any of the provisions of 18 Pa.C.S. Ch. 91 (relating to criminal history record information), the chief law enforcement officer of the full-time or part-time police department of the municipality where a sexually violent predator lives shall be responsible for providing written notice as required under this section.

(1) The notice shall contain:

(i) The name of the convicted sexually violent predator.

(ii) The address or addresses at which the sexually violent predator has a residence. If, however, the sexually violent predator has a residence as defined in paragraph (2) of the definition of "residence" in section 9799.53 (relating to definitions), the notice shall be limited to that provided for under section 9799.56(a)(2)(i)(C) (relating to registration procedures and applicability).

(iii) The offense for which the sexually violent predator was convicted, sentenced by a court, adjudicated delinquent or court martialed.

(iv) A statement that the individual has been determined by court order to be a sexually violent predator, which determination has or has not been terminated as of a date certain.

(v) A photograph of the sexually violent predator, if available.

(2) The notice shall not include information that might reveal the victim's name, identity and residence.

(b) To whom written notice is provided.--The chief law enforcement officer shall provide written notice, under subsection (a), to the following persons:

(1) Neighbors of the sexually violent predator. As used in this paragraph, where the sexually violent predator lives in a common interest community, the term "neighbor" includes the unit owners' association and residents of the common interest community.

(2) The director of the county children and youth service agency of the county where the sexually violent predator has a residence.

(3) The superintendent of each school district and the equivalent official for private and parochial schools enrolling students up through grade 12 in the municipality where the sexually violent predator has a residence.

(3.1) The superintendent of each school district and the equivalent official for each private and parochial school located within a one-mile radius of where the sexually violent predator has a residence.

(4) The licensee of each certified day-care center and licensed preschool program and owner/operator of each registered family day-care home in the municipality where the sexually violent predator has a residence.

(5) The president of each college, university and community college located within 1,000 feet of a sexually violent predator's residence.

(c) Urgency of notification.--The municipal police department's chief law enforcement officer shall provide notice within the following time frames:

(1) To neighbors, notice shall be provided within five days after information of the sexually violent predator's release date and residence has been received by the chief law enforcement officer. Notwithstanding the provisions of subsections (a) and (b), verbal notification may be used if written notification would delay meeting this time requirement.

(2) To the persons specified in subsection (b)(2), (3),

(4) and (5), notice shall be provided within seven days after the chief law enforcement officer receives information regarding the sexually violent predator's release date and residence.

(d) Public notice.--All information provided in accordance with subsection (a) shall be available, upon request, to the general public. The information may be provided by electronic means.

(e) Interstate transfers.--The duties of police departments under this section shall also apply to individuals who are transferred to this Commonwealth under the Interstate Compact for the Supervision of Adult Offenders or the Interstate Compact for Juveniles. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.62. Cross References. Section 9799.62 is referred to in sections 9799.53, 9799.54, 9799.56, 9799.66, 9799.67 of this title.
42 Pa.C.S. § 2134 — PA Code / Title 42 / Chapter 21 / Section 2134
Staff.
Status: in_force

Subject to the approval of the Supreme Court, the Minor Judiciary Education Board shall appoint a director and shall authorize such other staff positions as may be necessary. (Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)
42 Pa.C.S. § 326 — PA Code / Title 42 / Chapter 3 / Section 326
Quorum.
Status: in_force

(a) Supreme Court.--A majority of the Supreme Court shall be a quorum of the court.

(b) Other courts.--The quorum requisite to hold a session of any other court shall be specified by general rule.

(c) Inability to assemble quorum.--Where by reason of vacancy, illness, disqualification or otherwise it is impossible to assemble a quorum of a court at the time and place appropriate therefor, sufficient judges shall be temporarily assigned to the court to permit the court to hold a duly convened session and transact the business of the court.

(d) Court en banc.--The composition of a court en banc shall be as specified by general rules.
42 Pa.C.S. § 5110 — PA Code / Title 42 / Chapter 51 / Section 5110
Limited waiver of sovereign immunity (Repealed).
Status: repealed

1980 Repeal. Section 5110 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days. The subject matter is now contained in Chapter 85 of this title.
42 Pa.C.S. § 67A08 — PA Code / Title 42 / Chapter 67 / Section 67A08
Construction.
Status: in_force

The following shall apply:

(1) Nothing in this chapter shall be construed to alter the responsibilities of parties to any criminal or civil litigation to exchange information in accordance with applicable rules of procedure.

(2) Nothing in this chapter shall be construed to preclude a prosecuting attorney with jurisdiction or a law enforcement agency from disclosing an audio recording or video recording in the absence of a written request or beyond the time periods stated in this chapter.

(3) The prosecuting attorney with jurisdiction must agree in writing to the disclosure by a law enforcement agency if the prosecuting attorney determines that:

(i) the audio recording or video recording contains potential evidence in a criminal matter, information pertaining to an investigation, confidential information or victim information; and

(ii) reasonable redaction of the audio recording or video recording will not safeguard the potential evidence, information pertaining to an investigation, confidential information or victim information.
42 Pa.C.S. § 9799.52 — PA Code / Title 42 / Chapter 97 / Section 9799.52
Scope.
Status: in_force

This subchapter shall apply to individuals who were:

(1) convicted of a sexually violent offense committed on or after April 22, 1996, but before December 20, 2012,

whose period of registration with the Pennsylvania State Police, as described in section 9799.55 (relating to registration), has not expired; or

(2) required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth on or after April 22, 1996, but before December 20, 2012, whose period of registration has not expired. (June 12, 2018, P.L.140, No.29, eff. imd.) 2018 Amendment. Act 29 reenacted section 9799.52.
42 Pa.C.S. § 9132 — PA Code / Title 42 / Chapter 91 / Section 9132
Penalty for noncompliance.
Status: in_force

Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the warrant of the Governor in willful disobedience to section 9131 (relating to rights of accused person) shall commit a misdemeanor of the third degree.
42 Pa.C.S. § 8307 — PA Code / Title 42 / Chapter 83 / Section 8307
Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.
Status: in_force

(a) Cause of action established.--The parent, guardian or other custodian of any child under 18 years of age to whom a controlled substance or designer drug, as defined under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, is sold or transferred shall have a cause of action against the person who sold or transferred the controlled substance or the designer drug to the child, and recovery may be sought by the child's parent,

guardian or other custodian for damages caused by the sale or transfer of the controlled substance or designer drug.

(b) Damages.--Damages shall include the cost for treatment and rehabilitation relating to or resulting from the child's drug dependency or use. The court may order that some or all of this award be placed in a fund for the purpose of providing for the treatment and rehabilitation of the child's drug dependency or use, including past treatment and rehabilitation.

(c) Attorney fees.--Reasonable attorney fees shall be awarded to a party that brings suit and prevails under this cause of action.

(d) Exception.--This section shall not apply to a practitioner who sells or transfers a controlled substance listed in The Controlled Substance, Drug, Device and Cosmetic Act to a child pursuant to a valid prescription. (Dec. 22, 1989, P.L.722, No.96, eff. 60 days) 1989 Amendment. Act 96 added section 8307.
42 Pa.C.S. § 1729 — PA Code / Title 42 / Chapter 17 / Section 1729
Conferences and institutes.
Status: in_force

The governing authority shall have power by general rule or by order to provide for the organization and convening on a regular or special basis of a Judicial Conference of Pennsylvania, institutes and joint councils on sentencing, and such other informational and educational conferences and institutes as the governing authority may find to be necessary or desirable for the prompt, fair and efficient administration of justice, and to require the attendance of such personnel of the system as shall be designated by or pursuant to such general rules or orders. The governing authority may cooperate with other states and the Federal Government in the convening, organization and maintenance of conferences and institutes authorized by this section.
42 Pa.C.S. § 4323 — PA Code / Title 42 / Chapter 43 / Section 4323
Form of recordation.
Status: in_force

(a) In general.--Records may be reproduced in accordance with subsection (c).

(b) Records of permanent value.--Records that are classified as records of permanent value may be reproduced in accordance with subsection (c) provided that, if the original record is being destroyed after reproduction:

(1) the reproduction format shall be human readable; or

(2) if the reproduction format is electronic or otherwise not human readable, the governing authority, in consultation with the County Records Committee, shall create and apply standards, policies and procedures for the creation, maintenance, backup, migration and transmission of permanent records in that format.

(c) Means of reproduction.--Any photostatic, photographic, micrographic, microfilm, microcard, miniature photographic, optical, electronic or other future technologies, analog or digital, which accurately reproduces the original and forms secure and unalterable copies for recording may be utilized for reproducing records as authorized in accordance with this subchapter.

(d) Documents previously recorded, copied or recopied.--A document within the scope of this section and that previously has been recorded, copied or recopied also may be reproduced by processes authorized by this section. (July 9, 2014, P.L.1004, No.113, eff. 30 days) Cross References. Section 4323 is referred to in section 4324 of this title.
42 Pa.C.S. § 1601 — PA Code / Title 42 / Chapter 16 / Section 1601
Court of Judicial Discipline.
Status: in_force

In accordance with section 18 of Article V of the Constitution of Pennsylvania, the Court of Judicial Discipline shall consist of eight persons selected as provided in this chapter.
42 Pa.C.S. § 7321.10 — PA Code / Title 42 / Chapter 73 / Section 7321.10
Initiation of arbitration.
Status: in_force

(a) Notice.--A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.

(b) Lack of notice.--Unless a person objects for lack or insufficiency of notice under section 7321.16 (relating to arbitration process) not later than at the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice. Cross References. Section 7321.10 is referred to in sections 7321.5, 7321.24 of this title.
42 Pa.C.S. § 7321.20 — PA Code / Title 42 / Chapter 73 / Section 7321.20
Award.
Status: in_force

(a) Record.--An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

(b) Time.--An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives an objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award. Cross References. Section 7321.20 is referred to in sections 7321.19, 7321.21, 7321.24, 7321.25 of this title.
42 Pa.C.S. § 9799.35 — PA Code / Title 42 / Chapter 97 / Section 9799.35
Board.
Status: in_force

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

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

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

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

(e) Staff.--The board shall employ an executive director and other staff as necessary to carry out the board's duties under this chapter. The executive director shall direct the

operations, management and administration of the board and organize and oversee the work of the staff. Legal counsel for the board shall be provided in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. Upon request by the board, the Department of Corrections shall make available facilities, administrative support and other assistance to the board. (Dec. 20, 2011, P.L.446, No.111, eff. one year; June 30, 2021, P.L.260, No.59, eff. imd.) 2025 Repeal. Section 48(13) of Act 45 provided that subsec.

(d) was repealed insofar as it is inconsistent with the addition of section 1799.11-E of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2021 Amendment. Act 59 amended subsec. (e). 2021 Unconstitutionality. Section 9799.35 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.35 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2011 Amendment. Act 111 added section 9799.35.
42 Pa.C.S. § 5534 — PA Code / Title 42 / Chapter 55 / Section 5534
War.
Status: in_force

(a) Cause of action accruing in foreign country.--Where a cause of action, whether originally accrued in favor of a resident or nonresident of this Commonwealth, accrued in a foreign country with which the United States or any of its allies were then or subsequently at war, or territory then or subsequently occupied by the government of such foreign country, the time which elapsed between the commencement of the war, or of such occupation, and the termination of hostilities with such country, or of such occupation, is not a part of the time within which the civil action or proceeding must be commenced, notwithstanding any other provision of this subchapter.

(b) Alien a party.--Where a person is unable to commence an action or proceeding within this Commonwealth because any party is an alien subject or citizen of a foreign country at war with the United States or any of its allies, whether the cause of action accrued during or prior to the war, the time which elapsed between the commencement of the war and the termination of hostilities with such country is not a part of the time within which the civil action or proceeding must be commenced, notwithstanding any other provision of this subchapter.

(c) Nonenemy in enemy country or enemy-occupied territory.--Where a person entitled to commence an action or proceeding, other than a person entitled to the benefits of subsection (b), is a resident of, or a sojourner in, a foreign country with which the United States or any of its allies are at war, or territory occupied by the government of such foreign country, the period of such residence or sojourn during which the war continues or the territory is so occupied is not a part of the time within which the civil action or proceeding must be commenced, notwithstanding any other provision of this subchapter.
42 Pa.C.S. § 9122 — PA Code / Title 42 / Chapter 91 / Section 9122
Definitions.
Status: in_force

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

"Executive authority." Includes the Governor and any person performing the functions of Governor in a state other than this Commonwealth.

"Governor." Includes any person performing the functions of Governor by authority of the law of this Commonwealth.

"State." Includes, when referring to a state other than this Commonwealth, any other state or territory, organized or unorganized, of the United States of America.
42 Pa.C.S. § 6406 — PA Code / Title 42 / Chapter 64 / Section 6406
Duty of Department of Public Welfare.
Status: in_force

(a) General rule.--The department shall have the duty to provide a separate, secure State-owned facility or unit utilized solely for the control, care and treatment of persons committed pursuant to this chapter. The department shall be responsible for all costs relating to the control, care and treatment of persons committed to involuntary treatment pursuant to this chapter.

(b) Interim facility.--(Expired).

(c) Treatment plans.--The department, in consultation with the Juvenile Court Judges' Commission and the board, shall develop policies and procedures for providing individualized treatment and discharge plans based on clinical guidelines and professional standards in the fields of sexual offender treatment and mental health. (Dec. 20, 2011, P.L.446, No.111, eff. one year) 2011 Amendment. Act 111 amended subsec. (a). 2006 Expiration. Subsec. (b) expired July 1, 2006. See Act 21 of 2003. References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 6406 is referred to in sections 6403, 6404.2 of this title.
42 Pa.C.S. § 5943 — PA Code / Title 42 / Chapter 59 / Section 5943
Confidential communications to clergymen.
Status: in_force

No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of his duties has acquired information from any person secretly and in confidence shall be compelled, or allowed without consent of such person, to disclose that information in any legal proceeding, trial or investigation before any government unit. Cross References. Section 5943 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure); section 6311.1 of Title 23 (Domestic Relations).
42 Pa.C.S. § 3111 — PA Code / Title 42 / Chapter 31 / Section 3111
Definitions.
Status: in_force

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

"Bail commissioner." An arraignment court magistrate of the Philadelphia Municipal Court.

"Board." The board existing under Subchapter D of Chapter 21 (relating to Minor Judiciary Education Board).

"Judge." A judge of the Traffic Court of Philadelphia. (Oct. 12, 1984, P.L.959, No.187, eff. 60 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days) 2008 Amendment. Act 98 amended the defs. of "bail commissioner" and "judge." Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those available to bail commissioners immediately prior to the effective date of Act 98. References in Text. The Traffic Court of Philadelphia, referred to in the def. of "judge," was abolished by Joint Resolution No.2 of 2016.
42 Pa.C.S. § 5743.1 — PA Code / Title 42 / Chapter 57 / Section 5743.1
Authorization to conduct business within each county.
Status: in_force

A bail bondsman shall only be authorized to conduct business in a county when the bail bondsman provides all of the following documents to the office of the clerk:

(1) A copy of the license issued to the bail bondsman by the department.

(2) A statement identifying an office address for service of legal process.

(3) A qualifying power of attorney issued by an insurer authorizing the bail bondsman as a producer on behalf of the insurer. The qualifying power of attorney must set forth,

in clear and unambiguous terms, the maximum monetary authority of the bail bondsman per bond. (July 2, 2015, P.L.110, No.16, eff. 120 days) 2015 Amendment. Act 16 added section 5743.1. See section 12 of Act 16 of 2015 in the appendix to this title for special provisions relating to licensure as insurance producer.
42 Pa.C.S. § 2731 — PA Code / Title 42 / Chapter 27 / Section 2731
Prothonotary.
Status: in_force

(a) General rule.--In each county of this Commonwealth there shall be one prothonotary for the court of common pleas, who shall be known as the "Prothonotary of (the respective) County."

(b) Multicounty judicial districts.--In multicounty judicial districts the prothonotary shall be the prothonotary of the branch of the court of common pleas established for the county.

(c) Philadelphia.--In the first judicial district there shall be one prothonotary for the Court of Common Pleas of Philadelphia County and the Philadelphia Municipal Court, who shall be known as the "Prothonotary of Philadelphia."
42 Pa.C.S. § 8310 — PA Code / Title 42 / Chapter 83 / Section 8310
Damages in actions on thefts of leased property.
Status: in_force

(a) General rule.--In a civil action based on theft of leased property, as defined in 18 Pa.C.S. § 3932(a) (relating to theft of leased property), a court of competent jurisdiction may utilize the following remedies:

(1) Order the defendant to restore the merchandise to the plaintiff in its original condition, if possible.

(2) Award damages as follows:

(i) If it is not possible to restore the merchandise in its original condition under paragraph (1), award the value of the merchandise as damages.

(ii) Award actual damages arising from the incident. Damages under this subparagraph do not include the loss of time or wages incurred by the plaintiff in connection with the apprehension and prosecution of the defendant.

(iii) Award reasonable attorney fees and court costs.

(3) Award a civil penalty to the plaintiff in the amount of the value of the merchandise plus $150.

(b) Minors.--If the defendant is a minor, the act of July 27, 1967 (P.L.186, No.58), entitled "An act imposing liability upon parents for personal injury, or theft, destruction, or loss of property caused by the wilful, tortious acts of children under eighteen years of age, setting forth limitations, and providing procedure for recovery," applies.

(c) Criminal disposition.--Criminal prosecution under 18 Pa.C.S. § 3932 is not a prerequisite to the applicability of this section.

(d) Limitations.--

(1) No civil action under this section may be maintained if the defendant has returned the merchandise to the plaintiff and paid all obligations under the contract establishing a lease agreement plus the sum of $150.

(2) No civil action under this section may be maintained unless:

(i) the plaintiff has sent a notice to defendant's last known address; and

(ii) the plaintiff has given the defendant 20 days to respond to the notice before the action is commenced.

(e) Release.--If the person to whom a written demand is made complies with such demand within 20 days after the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of theft of leased property. (July 11, 1991, P.L.79, No.14, eff. 60 days) 1991 Amendment. Act 14 added section 8310. References in Text. The act of July 27, 1967, P.L.186, No.58, referred to in subsec. (b), was repealed by the act of December 19, 1990, P.L.1240, No.206. The subject matter is now contained in Chapter 55 of Title 23 (Domestic Relations).
42 Pa.C.S. § 6151 — PA Code / Title 42 / Chapter 61 / Section 6151
Use of certified copies.
Status: in_force

Medical charts or records of any health care facility licensed under the laws of this Commonwealth that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony, by use of legible and durable copies, certified in the manner provided in this subchapter by the employee of the health care facility charged with the responsibility of being custodian of the originals thereof. These copies may be used in any trial, hearing, deposition or other judicial or administrative action or proceeding, whether civil or criminal, in lieu of the original charts or records which, however, the health care facility shall hold available during the pendency of the action or proceeding for inspection and comparison by the court, tribunal or hearing officer and by the parties and their attorneys of record. This subchapter does not apply to an X-ray film or any other portion of a medical record which is not susceptible to photostatic reproduction.
42 Pa.C.S. § 6201 — PA Code / Title 42 / Chapter 62 / Section 6201
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Uniform Unsworn Declarations Act. (Apr. 20, 2020, P.L.82, No.15, eff. imd.)
42 Pa.C.S. § 3306 — PA Code / Title 42 / Chapter 33 / Section 3306
Automatic removal upon nonjudicial candidacy.
Status: in_force

A judge who shall file for nomination for or election to any public office other than a judicial office shall forfeit automatically his judicial office.
42 Pa.C.S. § 62A14 — PA Code / Title 42 / Chapter 62 / Section 62A14
Contempt for violation of order.
Status: in_force

(a) General rule.--Where the police department, sheriff or the plaintiff has filed charges of indirect criminal contempt against a defendant for violation of an order or court-approved consent agreement entered into under this chapter, the court may hold the defendant in indirect criminal contempt and punish the defendant in accordance with law.

(b) Jurisdiction.--A court shall have jurisdiction over indirect criminal contempt charges for violation of a protection order in the county where the violation occurred and in the county where the order was granted.

(c) Minor defendant.--Any defendant who is a minor and who is charged with indirect criminal contempt for allegedly violating a protection order related to sexual violence shall be considered to have committed an alleged delinquent act as that term is defined in section 6302 (relating to definitions) and shall be treated as provided in Chapter 63 (relating to juvenile matters).

(d) Trial and punishment.--

(1) Notwithstanding section 4136(a) (relating to rights of persons charged with certain indirect criminal contempts), the defendant shall not have the right to a jury trial on

the charge of indirect criminal contempt; however, the defendant shall be entitled to counsel.

(2) A sentence for indirect criminal contempt under this chapter may include:

(i) A fine of not less than $300 nor more than $1,000 and imprisonment for a period not exceeding six months.

(ii) A fine of not less than $300 nor more than $1,000 and supervised probation for a period not exceeding six months.

(iii) An order for any other relief provided for under this chapter.

(3) Upon conviction for indirect criminal contempt and at the request of the plaintiff, the court shall also grant an extension of the protection order for an additional term.

(4) Upon conviction for indirect criminal contempt, the court shall notify the sheriff of the jurisdiction which issued the protection order of the conviction.

(5) All moneys received under this section shall be distributed in the following order of priority:

(i) One hundred dollars shall be forwarded to the Commonwealth and shall be used by the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 62A04(c) (relating to responsibilities of law enforcement agencies).

(ii) One hundred dollars shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:

(A) Fifty dollars shall be used by the sheriff.

(B) Fifty dollars shall be used by the court.

(iii) One hundred dollars shall be forwarded to the Department of Public Welfare for use for victims of sexual assault in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(iv) Any additional money shall be distributed in the manner under subparagraph (i).

(e) Notification upon release.--

(1) The appropriate releasing authority or other official as designated by local rule shall use all reasonable means to notify the victim sufficiently in advance of the release of the offender from any incarceration imposed under subsection (d). Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody.

(2) The plaintiff must keep the appropriate releasing authority or other official as designated by local rule advised of contact information; failure to do so will constitute waiver of any right to notification under this section.

(f) Multiple remedies.--Disposition of a charge of indirect criminal contempt shall not preclude the prosecution of other criminal charges associated with the incident giving rise to the contempt, nor shall disposition of other criminal charges preclude prosecution of indirect criminal contempt associated with the criminal conduct giving rise to the charges.

References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 62A14 is referred to in section 62A07 of this title.
42 Pa.C.S. § 6405 — PA Code / Title 42 / Chapter 64 / Section 6405
Right to counsel.
Status: in_force

At each proceeding conducted pursuant to the provisions of this chapter, the person who is the subject of the proceeding shall have the right to assistance of counsel.
42 Pa.C.S. § 9135 — PA Code / Title 42 / Chapter 91 / Section 9135
Arrest without a warrant.
Status: in_force

The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or issuing authority with all practicable speed, and complaint must be made against him under oath setting forth the ground for the arrest as in section 9134 (relating to arrest prior to requisition), and thereafter his answer shall be heard as if he had been arrested on a warrant.
42 Pa.C.S. § 9102 — PA Code / Title 42 / Chapter 91 / Section 9102
Appropriate court.
Status: in_force

The phrase "appropriate court" as used in the Agreement on Detainers shall mean, with reference to the courts of this Commonwealth, any court of common pleas or the Philadelphia Municipal Court.
42 Pa.C.S. § 5526 — PA Code / Title 42 / Chapter 55 / Section 5526
Five year limitation.
Status: in_force

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

(1) An action for revival of a judgment lien on real property.

(2) An action for specific performance of a contract for sale of real property or for damages for noncompliance therewith.

(3) An action to enforce any equity of redemption or any implied or resulting trust as to real property.

(4) (Deleted by amendment). (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days; May 4, 2006, P.L.112, No.34, eff. 120 days) 2006 Amendment. Act 34 deleted par. (4). 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. Section

(6)(3) of Act 34 provided that the amendment of par. (4) shall apply only to causes of action which accrue after the effective date of section 6.
42 Pa.C.S. § 62A13 — PA Code / Title 42 / Chapter 62 / Section 62A13
Private criminal complaints for violation of order or agreement.
Status: in_force

(a) General rule.--A plaintiff may file a private criminal complaint against a defendant, alleging indirect criminal contempt for a violation of any provision of an order or court-approved consent agreement issued under this chapter, with the court, the office of the district attorney or the magisterial district judge in the jurisdiction or county where the violation occurred, except that in a county of the first class, a complaint may only be filed with the family division of the court of common pleas or the office of district attorney.

(b) Procedure service.--

(1) Procedure for filing and service of a private criminal complaint shall be provided as set forth by local rule.

(2) Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No.1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation.).

(c) Fees and costs.--

(1) No fees or costs associated with the prosecution of the private criminal complaint shall be assigned to the plaintiff, including, but not limited to, filing, service, failure to prosecute, withdrawal or dismissal.

(2)

(i) After a finding of indirect criminal contempt, fees and costs may be assigned against the defendant.

(ii) The court shall waive fees and costs imposed under this chapter upon a showing of good cause or if the court makes a finding that the defendant is not able to pay the costs associated with the indirect criminal contempt action.

(3) Nothing in this subsection shall be construed to expand or diminish the court's authority to enter an order under Pa.R.C.P. No.1023.1.
42 Pa.C.S. § 7306 — PA Code / Title 42 / Chapter 73 / Section 7306
Action by arbitrators.
Status: in_force

The powers of the arbitrators shall be exercised by a majority unless otherwise prescribed by the agreement or provided by this subchapter.
42 Pa.C.S. § 4521.1 — PA Code / Title 42 / Chapter 45 / Section 4521.1
Statewide jury information system.
Status: in_force

(a) General rule.--Notwithstanding any prohibition found in any other law, regulation or rule to the contrary, the following departments shall submit to the Court Administrator of Pennsylvania, in a format provided herein, a list of individuals as designated for that department to be included in a Statewide jury information system on or before October 31 of each year:

(1) The Department of Public Welfare - every individual resident in this Commonwealth who receives cash assistance or food stamps pursuant to a Federal or State program through

the department except as prohibited by Federal law or regulation.

(2) The Department of Transportation - every individual resident in this Commonwealth who has been issued a driver's license pursuant to 75 Pa.C.S. Ch. 15 (relating to licensing of drivers).

(3) The Department of Revenue - every individual resident who files a return for the payment of taxes imposed by the Commonwealth under Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(4) The Department of State - every individual resident who is listed as a registered voter under 25 Pa.C.S. Pt. IV (relating to voter registration).

(b) Identifying information.--Each list submitted by a department pursuant to subsection (a) shall contain only the following identifying information, if available, of an individual to be included in the Statewide jury information system:

(1) Name, including first, middle and last names, including any suffixes.

(2) Except as provided in 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality), each individual's street address, municipality and zip code.

(3) Date of birth.

(4) The last four digits of the individual's Social Security number.

(c) Duties of Court Administrator.--The Court Administrator of Pennsylvania shall annually collect information for creation of a Statewide jury information system. This shall be completed by:

(1) Collecting the names from the departments as submitted under subsection (a).

(2) Combining each individual department list submitted into a master list.

(3) Removing any information that identifies the source of the information submitted pursuant to subsection (a).

(4) Assembling the names into groups arranged by the county of residence for each individual on the master list.

(5) Removing duplicate names from each county list.

(d) Dissemination.--

(1) Upon request from the jury selection commission of the county, the Court Administrator of Pennsylvania shall make available to the requesting county the list of names for that county from the Statewide jury information system. In providing the information, the Court Administrator of Pennsylvania shall only provide the name, address and date of birth of each individual on the list being provided. All other identifying information shall be removed from any list made available pursuant to the request. Under no circumstances may the Court Administrator of Pennsylvania include any other identifying information.

(2) Upon request from the Clerk of Court for a United States District Court, the Court Administrator shall make available to the requesting Clerk of Court the list of names for the counties comprising the district within the jurisdiction of the requesting court from the Statewide jury information system. In providing the information, the Court Administrator shall only provide the name, address and date of birth of each individual on the list being provided. All other identifying information shall be removed from any list made available pursuant to the request. Under no

circumstances may the Court Administrator include any other identifying information.

(e) Restrictions on use of information.--Information provided by the departments to the Court Administrator of Pennsylvania shall be provided by agreement executed by the appropriate authorities. The agreement shall include, but not be limited to, the following conditions:

(1) Information required pursuant to this section will be provided only in an electronic form as determined by the Court Administrator of Pennsylvania.

(2) The information provided shall be used only for the purpose provided in this section and for no other purpose.

(3) Except for the purpose of internal review and compliance by the Court Administrator of Pennsylvania, no lists may be printed from the information submitted, created or produced under this section.

(4) Except as provided in section 4521(b) (relating to selection of prospective jurors), any rerelease of the information provided pursuant to this section is strictly prohibited.

(5) The Statewide jury information system and any list provided by the Court Administrator of Pennsylvania to the county jury selection commission pursuant to this section may not reveal the source of names on that list or indicate in any way the source of the names submitted pursuant to subsection (a).

(6) Except as provided in section 4521(b), nothing submitted, created or produced under this section shall constitute a public document, nor shall it be subject to release or disclosure under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, or any other similar rule, enactment or decision. (July 17, 2007, P.L.123, No.37, eff. 120 days; July 4, 2008, P.L.286, No.35, eff. July 1, 2008) 2008 Amendment. Act 35 amended subsec. (d). 2007 Amendment. Act 37 added section 4521.1. References in Text. The act of June 21, 1957, P.L.390, No.212, referred to as the Right-to-Know Law, referred to in subsec. (e)(6), was repealed by the act of Feb. 14, 2008, P.L.6, No.3, known as the Right-to-Know Law. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. Cross References. Section 4521.1 is referred to in section 4521 of this title.
42 Pa.C.S. § 62A12 — PA Code / Title 42 / Chapter 62 / Section 62A12
Arrest for violation of order.
Status: in_force

(a) General rule.--An arrest for a violation of an order issued under this chapter may be without warrant upon probable cause, whether or not the violation is committed in the presence of the police officer or sheriff, in circumstances where the defendant has violated a provision of an order consistent with section 62A07 (relating to relief). The police officer or sheriff may verify the existence of an order by telephone, radio or other electronic communication with the appropriate police department, Pennsylvania State Police registry or issuing authority. A police officer or sheriff shall arrest a defendant for violating an order by a court within the judicial district or issued by a court in another judicial district within this Commonwealth.

(b) Procedure following arrest.--

(1) Subsequent to an arrest, the defendant shall be taken by the police officer or sheriff without unnecessary delay before the court in the judicial district where the contempt is alleged to have occurred.

(2) When that court is unavailable, the police officer or sheriff shall convey the defendant to a magisterial district judge designated as appropriate by local rules of court or, in counties of the first class, to the appropriate hearing officer.

(c) Preliminary arraignment.--The defendant shall be afforded a preliminary arraignment without unnecessary delay.

(d) Other emergency powers unaffected.--This section shall not be construed to in any way limit any of the other powers for emergency relief provided under this chapter.

(e) Hearing.--A hearing shall be scheduled within ten business days of the filing of the charge or complaint of indirect criminal contempt. The hearing and any adjudication shall not preclude a hearing on other criminal charges underlying the contempt, nor shall a hearing or adjudication

on other criminal charges preclude a hearing on a charge of indirect criminal contempt. Cross References. Section 62A12 is referred to in section 62A07 of this title.
42 Pa.C.S. § 6160 — PA Code / Title 42 / Chapter 61 / Section 6160
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:

"Insurer." A foreign or domestic insurance company, association or exchange holding a certificate of authority under the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921; a health maintenance organization holding a certificate of authority under the act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act; a hospital plan organization holding a certificate of authority under 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations); a professional health services plan corporation holding a certificate of authority under 40 Pa.C.S. Ch. 63 (relating to professional health services plan corporations); a fraternal benefit society holding a certificate of authority under the act of December 14, 1992 (P.L.835, No.134), known as the Fraternal Benefit Societies Code; or a risk-assuming preferred provider organization operating pursuant to section 630 of The Insurance Company Law of 1921. (Feb. 18, 1998, P.L.170, No.26, eff. imd.) 1998 Amendment. Act 26 added section 6160. References in Text. The act of December 14, 1992, P.L.835, No.134, known as the Fraternal Benefit Societies Code, referred to in this section, was repealed by the act of July 10, 2002, P.L.749, No.110. The subject matter is now contained in Article XXIV of the act of May 17, 1921, P.L.682, No.284, known as The Insurance Company Law of 1921.
42 Pa.C.S. § 4523 — PA Code / Title 42 / Chapter 45 / Section 4523
List of disqualified jurors.
Status: in_force

(a) Maintenance of list.--The jury selection commission shall create and maintain a list of names of all prospective jurors who have been disqualified and the reasons for their disqualification. The list shall be open for public inspection.

(b) Relatives of criminal homicide victims.--Any persons who are exempt or excused from jury duty under section 4503(a)(4) (relating to exemptions from jury duty) may petition the jury selection commission to have their names placed on the list of disqualified jurors. Any persons so placed on the list may, at any time, petition for removal of their names from the list unless they are otherwise disqualified under section 4502 (relating to qualifications of jurors). (Oct. 17, 2002, P.L.886, No.128, eff. 60 days)
42 Pa.C.S. § 564 — PA Code / Title 42 / Chapter 5 / Section 564
Evidentiary hearings.
Status: in_force

In any matter which requires the taking of testimony, the President Judge of the Commonwealth Court may assign a judge of the court, or another judge temporarily assigned to the court pursuant to section 4121 (relating to assignment of judges), to sit and receive the evidence, and perform such other duties as may be prescribed by rule or order of court.
42 Pa.C.S. § 9799.39 — PA Code / Title 42 / Chapter 97 / Section 9799.39
Photographs and fingerprinting.
Status: in_force

An individual subject to registration under section 9799.13 (relating to applicability) shall submit to fingerprinting and photographing as required by this subchapter. Fingerprinting as required by this subchapter shall, at a minimum, require submission of a full set of fingerprints and palm prints. Photographing as required by this subchapter shall, at a minimum, require submission to photographs of the face and any scars, marks, tattoos or other unique features of the individual. Fingerprints and photographs obtained under this subchapter may be maintained for use under this subchapter and for general law enforcement purposes. (Dec. 20, 2011, P.L.446, No.111, eff. one year; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.) 2021 Unconstitutionality. Section 9799.39 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.39 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended section 9799.39 and Act 29 reenacted section 9799.39. Section 20(1) of Act 10 provided that the amendment of section 9799.39 shall apply to an individual who commits an offense on or after December 20, 2012.
42 Pa.C.S. § 9139 — PA Code / Title 42 / Chapter 91 / Section 9139
Forfeiture of bail.
Status: in_force

If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or issuing authority by proper order shall declare the bond forfeited and order his immediate arrest without warrant if he be within this Commonwealth. Recovery may be had on such bond in the name of the Commonwealth as in the case of other bonds given by the accused in criminal proceedings within this Commonwealth.
42 Pa.C.S. § 9802 — PA Code / Title 42 / Chapter 98 / Section 9802
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." A county prison board, in counties of the first and second class, the Criminal Justice Coordinating Commission or its successor agency.

"Commission." The Pennsylvania Commission on Crime and Delinquency.

"County intermediate punishment plan." A document which describes a proposed intermediate punishment program.

"County intermediate punishment program." A residential or nonresidential program provided in a community for eligible offenders.

"Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter. Trial judge may include a magisterial district judge if use of intermediate punishment programs by the minor judiciary is approved by the court of common pleas via administrative order or local rule.

"Eligible offender." Subject to section 9721(a.1) (relating to sentencing generally), a person convicted of an offense who would otherwise be sentenced to a county correctional facility, who does not demonstrate a present or past pattern of violent behavior and who would otherwise be sentenced to partial confinement pursuant to section 9724 (relating to partial confinement) or total confinement pursuant to section 9725 (relating to total confinement). The term does not include an offender who has been convicted or adjudicated delinquent of a crime requiring registration under Subchapter H of Chapter 97 (relating to registration of sexual offenders) or an offender with a current conviction or a prior conviction within the past ten years for any of the following offenses: 18 Pa.C.S. § 2502 (relating to murder). 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). 18 Pa.C.S. § 2702 (relating to aggravated assault). 18 Pa.C.S. § 2703 (relating to assault by prisoner). 18 Pa.C.S. § 2704 (relating to assault by life prisoner). 18 Pa.C.S. § 2901(a) (relating to kidnapping). 18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual assault). 18 Pa.C.S. § 3301 (relating to arson and related offenses). 18 Pa.C.S. § 3502 (relating to burglary) when graded as a felony of the first degree. 18 Pa.C.S. § 3701 (relating to robbery). 18 Pa.C.S. § 3923 (relating to theft by extortion). 18 Pa.C.S. § 4302(a) (relating to incest). 18 Pa.C.S. § 5121 (relating to escape).

"Nonprofit agency." A not-for-profit human service organization which provides treatment, guidance, counseling, training or rehabilitation services to individuals, families or groups. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1778, No.233, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days)

Amendment . Act 122 amended the def. of "eligible offender."

2004 Amendment. Act 207 amended the def. of "court." See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 2135 — PA Code / Title 42 / Chapter 21 / Section 2135
Powers and duties.
Status: in_force

The Minor Judiciary Education Board shall exercise the powers and perform the duties vested in and imposed upon the board by
42 Pa.C.S. § 5104 — PA Code / Title 42 / Chapter 51 / Section 5104
Trial by jury.
Status: in_force

(a) General rule.--Except where the right to trial by jury is enlarged by statute, trial by jury shall be as heretofore, and the right thereof shall remain inviolate. Trial by jury may be waived in the manner prescribed by general rules.

(b) Civil verdicts.--In any civil case a verdict rendered by at least five-sixths of the jury shall be the verdict of the jury and shall have the same effect as a unanimous verdict of the jury.

(c) Criminal matters.--In criminal cases the Commonwealth shall have the same right to trial by jury as does the accused. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (a) and added subsec.

(c).
42 Pa.C.S. § 8955 — PA Code / Title 42 / Chapter 89 / Section 8955
Interpretation.
Status: in_force

The powers, authorities, duties, obligations and jurisdiction under this subchapter shall not be subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). (July 2, 2019, P.L.375, No.58, eff. imd.)

2019 Amendment. Act 58 added section 8955. See sections 4 and 5 of Act 58 in the appendix to this title for special provisions relating to applicability and General Assembly.
42 Pa.C.S. § 9754 — PA Code / Title 42 / Chapter 97 / Section 9754
Order of probation.
Status: in_force

(a) General rule.--In imposing an order of probation the court shall specify at the time of sentencing the length of any term during which the defendant is to be supervised, which term may not exceed the maximum term for which the defendant could be confined, and the authority that shall conduct the supervision. The court shall consider probation guidelines

adopted by the Pennsylvania Commission on Sentencing under sections 2154 (relating to adoption of guidelines for sentencing) and 2154.1 (relating to adoption of guidelines for restrictive conditions).

(b) Conditions generally.--The court shall attach reasonable conditions authorized by section 9763 (relating to conditions of probation).

(c) Specific conditions.--(Deleted by amendment).

(d) Sentence following violation of probation.--The sentence to be imposed in the event of the violation of a condition shall not be fixed prior to a finding on the record that a violation has occurred. (Dec. 14, 1979, P.L.556, No.127, eff. imd.; June 30, 1988, P.L.464, No.79, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Dec. 14, 2023, P.L.381, No.44, eff. 180 days) 2023 Amendment. Act 44 amended subsec. (b). Section 6 of Act 44 provided that nothing in Act 44 shall be construed to prevent a defendant from petitioning a court for early termination of probation or modification of the terms and conditions of probation as otherwise permitted by law. See sections 5 and 7 of Act 44 in the appendix to this title for special provisions relating to applicability.
42 Pa.C.S. § 2755 — PA Code / Title 42 / Chapter 27 / Section 2755
Staff.
Status: in_force

(a) General rule.--The clerk of the courts may appoint and remove such deputies and other administrative staff of the office of the clerk of the courts as may be necessary.

(b) Solicitor.--The clerk of the courts may appoint and remove a solicitor, who shall be a member of the bar of this Commonwealth. The solicitor shall advise upon all legal matters that may be submitted by the clerk of the courts to him, and shall conduct any litigation when required to do so by the clerk of the courts.

(c) Compensation and duties.--The clerk of the courts, except as otherwise provided by statute or home rule charter or optional plan of government, may fix the compensation and duties of the staff of the office of the clerk of the courts. Where the compensation of the staff of the office of the clerk of the courts is fixed by a county salary board, the clerk of the courts shall be a member of the salary board for such purpose. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended subsec. (b).
42 Pa.C.S. § 8314 — PA Code / Title 42 / Chapter 83 / Section 8314
Assault with biological agent on animal, fowl or honey bees.
Status: in_force

(a) Civil action and relief available.--An animal owner aggrieved by exposure of an animal, fowl or honey bees to any virus, bacteria, prion or other agent which causes infectious disease, including foot-and-mouth disease, bovine spongiform encephalopathy (BSE), commonly known as mad cow disease, avian influenza or varroamite, may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including compensatory and punitive damages, reasonable investigation expenses and reasonable attorney fees and other costs associated with the litigation of the action. Upon a showing of cause for the issuance of injunctive relief, a court may issue temporary restraining orders, preliminary injunctions and permanent injunctions as may be appropriate under this section. During any period that an action under this section is pending, a court may order the cessation of the complained-of activity.

(b) Exceptions.--The provisions of this section shall not apply to research or veterinarian services, including immunizations, vaccinations or other treatments administered during the normal scope of practice. (June 25, 2001, P.L.619, No.54, eff. imd.) 2001 Amendment. Act 54 added section 8314.
42 Pa.C.S. § 4436 — PA Code / Title 42 / Chapter 44 / Section 4436
Confidential communications in presence of interpreter.
Status: in_force

An interpreter appointed under this subchapter shall not be compelled to testify in any judicial proceeding or administrative proceeding to any statements made by the person who is deaf and interpreted by the interpreter when the person who is deaf is engaged in a confidential communication as provided by any statute or general rule, including, but not limited to:

(1) Section 5916 (relating to confidential communications to attorney).

(2) Section 5928 (relating to confidential communications to attorney).

(3) Section 5942 (relating to confidential communications to news reporters).

(4) Section 5943 (relating to confidential communications to clergymen).

(5) Section 5944 (relating to confidential communications to psychiatrists or licensed psychologists).

(6) Section 5945 (relating to confidential communications to school personnel).

(7) Section 5945.1 (relating to confidential communications with sexual assault counselors).

(8) Section 5945.2 (relating to confidential communications to crime stopper or similar anticrime program).

(9) Section 5945.3 (relating to confidential communications with human trafficking caseworkers). (July 2, 2014, P.L.945, No.105, eff. 60 days) 2014 Amendment. Act 105 added par. (9).
42 Pa.C.S. § 5805 — PA Code / Title 42 / Chapter 58 / Section 5805
Forfeiture procedure.
Status: in_force

(a) General procedure.--The proceedings for the forfeiture or condemnation of property, the sale of which is provided for in this chapter, shall be in rem, in which the Commonwealth shall be the plaintiff and the property the defendant. A forfeiture petition signed by the Attorney General, deputy attorney general, district attorney or assistant district attorney shall be filed in the court of common pleas of the judicial district where the property is seized or located, verified by oath or affirmation of an officer. If criminal charges have been filed and a prosecution is pending, the petition shall be filed in the same judicial district as the criminal charges in all instances except those involving real property. Each petition relating to real property shall be filed in the jurisdiction where the real property is located.

(1) Each forfeiture petition shall contain the following:

(i) A description of the property actually seized or constructively seized, including, but not limited to, if known, the address of any real property, the exact dollar amount of any United States currency, or the approximate value of any negotiable instrument or security and the make, model, year and license plate number of any vehicle.

(ii) A statement of the time and place where seized.

(iii) The owner, if known.

(iv) The person or persons in possession at the time of seizure, if known.

(v) An allegation that the property is subject to forfeiture and an averment of material facts supporting the forfeiture action.

(vi) A prayer for an order of forfeiture that the property be adjudged forfeited to the Commonwealth unless cause is shown to the contrary.

(2) The following shall apply:

(i) A claimant shall file an answer setting forth a right of possession of the property within 30 days of

service of the forfeiture petition. The answer shall be in writing and filed to the docket number in the court of common pleas and shall be signed by the claimant or the claimant's attorney.

(ii) The following shall apply:

(A) Prior to filing an answer to a forfeiture petition, a claimant may file a motion to stay the forfeiture proceedings if the claimant has been criminally charged in a case associated with the forfeiture matter. If the motion is properly filed, it shall be granted.

(B) The claimant shall have 30 days from the date the stay is lifted to file an answer in accordance with this paragraph.

(3) After the answer is filed, the parties shall be permitted to conduct discovery.

(b) Notice to property owners.--

(1) A copy of the forfeiture petition required under subsection (a) shall be served personally or by certified mail on the owner, if known, and on each person in possession at the time of the seizure, if known. The copy shall have endorsed a notice, as follows: To the claimant of within described property: You are required to file an answer to this petition, setting forth your title in, and right to possession of, said property within 30 days from the service hereof, and you are also notified that, if you fail to file the answer, a decree of forfeiture and condemnation will be entered against the property.

(2) The notice under paragraph (1) must be signed by the Attorney General, deputy attorney general, district attorney, deputy district attorney or assistant district attorney and contain accurate contact information for the signatory.

(c) Substitute notice.--

(1) If the owner of the property is unknown, there was no person in possession of the property when seized or the owner or each person in possession at the time of the seizure cannot be personally served or located within the jurisdiction of the court, notice of the petition shall be given by the Commonwealth through an advertisement in at least one newspaper of general circulation published in the county where the property has been seized, once a week for two successive weeks.

(2) Notwithstanding any other law, no other advertisement shall be necessary.

(3) The notice shall contain a statement of the seizure of the property with a description of the property and the place and date of seizure and shall direct any claimants to the property to file a claim on or before a date given in the notice, which shall not be less than 30 days from the date of the first publication.

(4) If no claims are filed within 30 days of publication, the Commonwealth may move for default judgment.

(d) Property owners not in jurisdiction.--For purposes of this section, the owner or other person cannot be found in the jurisdiction of the court if:

(1) a copy of the petition is mailed to the last known address by certified mail and is returned without delivery;

(2) personal service is attempted once, but cannot be made at the last known address; and

(3) a copy of the petition is left at the last known address unless the address does not exist.

(d.1) Proof of notice.--The Commonwealth shall file proof of notice with the court. Forfeiture shall not be ordered if the court finds that proof does not exist that the notice requirements contained under subsections (b), (c) and (d), if applicable, have been met.

(e) Notice automatically waived.--The notice provisions of this section shall be automatically waived if the owner, without good cause, fails to appear in court in response to a subpoena and a bench warrant is issued on the underlying criminal charges. If good cause has not been demonstrated, the Commonwealth may move for default judgment.

(f) Release of seized property pending conclusion of proceedings.--

(1) A claimant to property subject to forfeiture is permitted to seek the immediate release of seized property if:

(i) the claimant has a possessory interest in the property;

(ii) the claimant has sufficient ties to the community to provide assurance that the property will be available at the time of the trial;

(iii) the continued possession by the Commonwealth pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functioning of a legitimate business, preventing the claimant from working or leaving the claimant homeless;

(iv) the claimant's likely hardship from the continued possession by the Commonwealth of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed or transferred if the property is returned to the claimant during the pendency of the forfeiture proceeding; and

(v) none of the conditions under paragraph (6) apply.

(2) The following shall apply:

(i) The claimant under paragraph (1) may file a motion in the court of common pleas in which the forfeiture petition has been filed or, if no forfeiture petition has been filed, in the court of common pleas in the jurisdiction in which the property was seized. The motion shall be served upon the district attorney or Attorney General who has jurisdiction over the case.

(ii) The motion described in this subsection shall set forth the basis on which the requirements of paragraph (1) have been met.

(3) If the Commonwealth establishes that the claimant's motion is meritless, the court shall deny the motion. In response to a motion under this subsection, the Commonwealth may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial.

(4) The following shall apply:

(i) The court shall order that the property be returned to the claimant pending completion of the forfeiture proceeding if:

(A) a motion is filed under paragraph (2); and

(B) following a hearing, the claimant has demonstrated that the requirements of paragraph (1) have been met.

(ii) If the motion addresses currency, monetary instruments or electronic funds, the claimant must establish by a preponderance of the evidence a documented and noncriminal source of the currency, monetary instrument or electronic fund. The requirement under this subparagraph shall be in addition to the requirements under subparagraph (i).

(5) If the court grants a motion under paragraph (4):

(i) the court may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending, including:

(A) permitting the inspection, photographing and the taking of inventory of the property;

(B) fixing a bond; and

(C) requiring the claimant to obtain or maintain insurance on the subject property;

(ii) the Commonwealth may place a lien against the property or file a lis pendens to ensure that the property is not transferred to another person; and

(iii) if the property in question is currency, monetary instruments or electronic funds, the court shall fix a bond as provided under paragraph (5.1).

(5.1) For the purposes of paragraph (5)(iii), the following shall apply to the fixing of a bond sufficient to secure the value of the currency, monetary instruments or electronic funds:

(i) If the value of the currency, monetary instruments or electronic funds is less than $2,000, the court may order the fixing of a bond.

(ii) If the value of the currency, monetary instruments or electronic funds is at least $2,000, but less than $5,000, the court may order the fixing of a bond. If the court finds that the claimant has not demonstrated his or her ability to ensure the availability of the currency at the time of the forfeiture trial, the court shall order the fixing of a bond.

(iii) If the value of the currency, monetary instruments or electronic funds is $5,000 or more, the court shall order the fixing of a bond.

(6) This subsection shall not apply if the seized property:

(i) is contraband;

(ii) is evidence which shall include, but not be limited to, proceeds from a violation of law;

(iii) by reason of design or other characteristic, is particularly suited for use in illegal activities; or

(iv) is likely to be used to commit additional criminal acts if returned to the claimant.

(7) A party to a proceeding under this subsection shall not be estopped from raising in any other proceeding any claim or issue presented to or decided by the court under this subsection.

(g) (Reserved).

(h) (Reserved).

(i) Trial time.--On the filing of an answer setting forth a right of possession, the case shall be deemed at issue and a time shall be fixed for the trial. A judicial district shall not require the parties to proceed through local rules of arbitration.

(j) Burden of proof.--

(1) The burden shall be on the Commonwealth to establish in the forfeiture petition that the property is subject to forfeiture.

(2) If the Commonwealth satisfies the burden under paragraph (1), the burden shall be on the claimant to show by a preponderance of the evidence that:

(i) the claimant is the owner of the property or the holder of a chattel mortgage or contract of conditional sale on the property or holds some other documented interest in the property; and

(ii) the claimant lawfully acquired the property.

(3) If the claimant satisfies the burden under paragraph

(2), the burden shall be on the Commonwealth to establish by clear and convincing evidence that the property in question was unlawfully used, possessed or otherwise subject to the forfeiture.

(4) If the Commonwealth satisfies the burden under paragraph (3) and the claimant alleges that he did not have knowledge of the unlawful activity or consent to the unlawful activity, the burden shall be on the Commonwealth to establish by clear and convincing evidence:

(i) that the property was unlawfully used or possessed by the claimant; or

(ii) if it appears that the property was unlawfully used or possessed by a person other than the claimant, that the person unlawfully used or possessed the property with the claimant's knowledge and consent.

(k) Proportionality.--

(1) If the court determines that the forfeiture petition shall be granted, the claimant, prior to entry of an order of forfeiture, may petition the court to determine whether the forfeiture is constitutionally excessive.

(2) If the court finds that the forfeiture is grossly disproportional to the offense, the court shall reduce or eliminate the forfeiture as necessary to avoid a constitutional violation.

(l) Disclaimed property.--A defendant in a criminal case who disclaims ownership of property during the criminal case may not claim ownership during a subsequent forfeiture proceeding.

(m) Procedure following acquittal.--The following shall apply:

(1) If the owner of the property is acquitted of all crimes which authorize forfeiture, there shall be a rebuttable presumption that the property was lawfully used or possessed by the claimant.

(2) If the owner of the property is acquitted of all crimes which authorize forfeiture, the owner shall be entitled to a hearing under section 5806 (relating to motion for return of property).

(3) If the forfeiture petition relating to the property at issue has already been litigated, this section shall not apply.

(4) As used in this subsection, the term "acquittal" shall not include plea agreements, acceptance of Accelerated Rehabilitative Disposition or any other form of preliminary disposition. Special Provisions in Appendix. See section 12 of Act 13 of 2017 in the appendix to this title for special provisions relating to forfeitures.

Cross References. Section 5805 is referred to in section 1518 of Title 4 (Amusements); sections 910, 2717, 2807, 3141, 4116, 4119, 5513, 5707, 6501, 7707 of Title 18 (Crimes and Offenses); section 927 of Title 30 (Fish); sections 3722, 4909, 9405 of Title 75 (Vehicles).
42 Pa.C.S. § 2777 — PA Code / Title 42 / Chapter 27 / Section 2777
Powers and duties of the office of the clerk of the orphans' court division.
Status: in_force

The office of the clerk of the orphans' court division shall have the power and duty to:

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

(2) Affix and attest the seal of the court to all the process thereof and to the certifications and exemplifications of all documents and records pertaining to the office of the clerk of the orphans' court division and the business of the division.

(3) Enter all orders of the court determined in the division, including judgments by confession.

(4) Enter all satisfactions of judgments entered in the office.

(5) Exercise the authority of the clerk of the orphans' court division as an officer of the court.

(6) Exercise such other powers and perform such other duties as may now or hereafter be vested in or imposed upon the office by law, home rule charter, order or rule of court, or ordinance of a county governed by a home rule charter, or optional plan of government. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days) 1978 Amendment. Act 53 amended par. (3).
42 Pa.C.S. § 6301 — PA Code / Title 42 / Chapter 63 / Section 6301
Short title and purposes of chapter.
Status: in_force

(a) Short title.--This chapter shall be known and may be cited as the "Juvenile Act."

(b) Purposes.--This chapter shall be interpreted and construed as to effectuate the following purposes:

(1) To preserve the unity of the family whenever possible or to provide another alternative permanent family when the unity of the family cannot be maintained.

(1.1) To provide for the care, protection, safety and wholesome mental and physical development of children coming within the provisions of this chapter.

(2) Consistent with the protection of the public interest, to provide for children committing delinquent acts programs of supervision, care and rehabilitation which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.

(3) To achieve the foregoing purposes in a family environment whenever possible, separating the child from parents only when necessary for his welfare, safety or health or in the interests of public safety, by doing all of the following:

(i) employing evidence-based practices whenever possible and, in the case of a delinquent child, by using the least restrictive intervention that is consistent with the protection of the community, the imposition of accountability for offenses committed and the rehabilitation, supervision and treatment needs of the child; and

(ii) imposing confinement only if necessary and for the minimum amount of time that is consistent with the purposes under paragraphs (1), (1.1) and (2).

(4) To provide means through which the provisions of this chapter are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced. (Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days) 2012 Amendment. Act 204 amended subsec. (b). Cross References. Section 6301 is referred to in section 6352 of this title.
42 Pa.C.S. § 4304 — PA Code / Title 42 / Chapter 43 / Section 4304
Notice of Federal pending actions.
Status: in_force

(a) General rule.--An action pending in a United States court within this Commonwealth concerning real property located within this Commonwealth shall be effective to give constructive notice of the action as it relates to the real property in the same manner, and to the same extent and under the same conditions as an action pending in a court of common pleas of this Commonwealth.

(b) Authorization for filing of notice of Federal actions.--Notice of an action pending in a United States court

within this Commonwealth concerning real property located within this Commonwealth may be registered, recorded, docketed or indexed in the same manner or in the same place as notices of actions concerning real property pending in a court of common pleas of this Commonwealth are registered, recorded, docketed or indexed. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
42 Pa.C.S. § 9144 — PA Code / Title 42 / Chapter 91 / Section 9144
Issuance of requisition.
Status: in_force

(a) Return of accused.--When the return to this Commonwealth of a person charged with crime in this Commonwealth is required the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this Commonwealth for trial, and that the proceeding is not instituted to enforce a private claim.

(b) Return of convict.--When the return to this Commonwealth is required of a person who has been convicted of a crime in this Commonwealth and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the parole board or the warden of the institution or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of such person in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole, the state in which he is believed to be, including the location of the person therein at the time application is made.

(c) Procedure.--The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned,

or information and affidavit filed, or of the complaint made to the judge or issuing authority stating the offense with which the accused is charged, or of the judgment of conviction, or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application with the action of the Governor indicated by endorsement thereon and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction, or of the sentence, shall be filed in the Department of State to remain of record in that office. The other copies of all papers shall be forwarded with the requisition of the Governor. Cross References. Section 9144 is referred to in section 9126 of this title.
42 Pa.C.S. § 5304 — PA Code / Title 42 / Chapter 53 / Section 5304
Documents.
Status: in_force

The tribunals of this Commonwealth shall have jurisdiction over documents situated within this Commonwealth whether or not

the persons owning or claiming interests therein are subject to the jurisdiction of the tribunals of this Commonwealth. (Dec. 20, 1982, P.L.1409, No.326, eff. 60 days) Cross References. Section 5304 is referred to in section 2576 of Title 15 (Corporations and Unincorporated Associations).
42 Pa.C.S. § 9813 — PA Code / Title 42 / Chapter 98 / Section 9813
Work release or other court order and purposes.
Status: in_force

(a) Generally.--Notwithstanding any provision of law, if any offender has been sentenced to undergo imprisonment in a county jail for a term of less than five years, the court, at the time of sentence or at any time thereafter upon application made in accordance with this section, may enter an order making the offender eligible to leave the jail during necessary and reasonable hours for the purpose of working at his employment, conducting his own business or other self-employed occupation, including housekeeping and attending to the needs of family, seeking employment, attending an educational institution, securing medical treatment or for other lawful purposes as the court shall consider necessary and appropriate.

(b) Procedure.--At the time of imposition of a county jail sentence, a crime victim receiving notice of the sentence imposed shall be informed that the offender may be eligible for an order under this section. An application for an order under this section shall be served on the attorney for the Commonwealth. Prior to granting any order under this section, the court shall ensure that the attorney for the Commonwealth and a registered crime victim have received notice of the application and had a reasonable opportunity to be heard on the application.

(c) Revocation or modification of previously entered order.--The county jail officials may detain and recommit the offender or preclude the offender from leaving the county jail if the offender violates the conditions set by the jail officials or the court, or if allowing the offender to leave the county jail poses a risk to community safety or the orderly and safe management of the jail. The jail officials shall notify the court of such action. In addition, the order of court may be revoked or modified at any time with notice to the prisoner. (Sept. 25, 2008, P.L.1026, No.81, eff. 60 days) 2008 Amendment. Act 81 added section 9813.
42 Pa.C.S. § 9579 — PA Code / Title 42 / Chapter 95 / Section 9579
Certification.
Status: in_force

(a) General rule.--By presenting to the court, whether by signing, filing, submitting or later advocating, a pleading, written motion or other papers regarding a petition for collateral relief, an attorney or unrepresented party is certifying that, to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the following:

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims and other legal contentions in it are warranted by existing law or by a nonfrivolous argument for extension, modification or reversal of existing law or the establishment of new law; and

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation.

(b) Sanctions.--If, after notice and a reasonable opportunity to respond, the court determines that this section has been violated, the court may impose an appropriate sanction on the attorneys, law firms or parties that have violated this section. Suspension by Court Order. Section 9579 was suspended August 11, 1997, S.Ct. Order.
42 Pa.C.S. § 6111 — PA Code / Title 42 / Chapter 61 / Section 6111
Handwriting.
Status: in_force

(a) Opinion evidence as to handwriting.--Where there is a question as to any writing, the opinions of the following persons shall be deemed to be relevant:

(1) The opinion of any person acquainted with the handwriting of the supposed writer.

(2) The opinion of those who have had special experience with, or who have pursued special studies relating to, documents, handwriting, and alterations thereof, who are called experts in this section.

(b) Comparison of handwriting.--It shall be competent for experts in giving their testimony, under the provisions of this section, to make comparison of documents and comparison of disputed handwriting with any documents or writing admitted to be genuine, or proven to the satisfaction of the judge to be genuine, and the evidence of such experts respecting the same shall be submitted to the jury as evidence of the genuineness or otherwise of the writing in dispute.

(c) Comparison of signatures.--It shall be competent for experts in formulating their opinions to the court and jury to place the genuine and disputed signatures or writing in juxtaposition, and to draw the attention of the jury thereto; and it shall furthermore be competent for counsel to require of an expert a statement of the principles on which he has based his work, the details of his work, and his opinion that the results are important to the point at issue, or the reasoning, analysis and investigation by which he has arrived at his opinion.

(d) Jury question.--The opinions of the witnesses to handwriting being submitted as competent testimony to the jury, the final determination as to whether any particular handwriting is genuine or simulated shall remain, as heretofore, a question for the jury on all the evidence submitted.
42 Pa.C.S. § 6302 — PA Code / Title 42 / Chapter 63 / Section 6302
Definitions.
Status: in_force

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

"Age-appropriate or developmentally appropriate." The following:

(1) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(2) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

"Aggravated circumstances." Any of the following circumstances:

(1) The child is in the custody of a county agency and either:

(i) the identity or whereabouts of the parents is unknown and cannot be ascertained and the parent does not claim the child within three months of the date the child was taken into custody; or

(ii) the identity or whereabouts of the parents is known and the parents have failed to maintain substantial and continuing contact with the child for a period of six months.

(2) The child or another child of the parent has been the victim of physical abuse resulting in serious bodily injury, sexual violence or aggravated physical neglect by the parent.

(3) The parent of the child has been convicted of any of the following offenses where the victim was a child:

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

(ii) a felony under 18 Pa.C.S. § 2702 (relating to aggravated assault), 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) or 3125 (relating to aggravated indecent assault).

(iii) A misdemeanor under 18 Pa.C.S. § 3126 (relating to indecent assault).

(iv) An equivalent crime in another jurisdiction.

(4) The attempt, solicitation or conspiracy to commit any of the offenses set forth in paragraph (3).

(5) The parental rights of the parent have been involuntarily terminated with respect to a child of the parent.

(6) The parent of the child is required to register as a sexual offender under Subchapter H of Chapter 97 (relating to registration of sexual offenders) or to register with a sexual offender registry in another jurisdiction or foreign country.

"Aggravated physical neglect." Any omission in the care of a child which results in a life-threatening condition or seriously impairs the child's functioning.

"Assessment." An individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co-occurring mental health and substance abuse disorders and

recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological and psychiatric evaluation, records review, clinical interview and the administration of a formal test and instrument.

"Board." The State Sexual Offenders Assessment Board.

"Caregiver." A person with whom the child is placed in an out-of-home placement, including a resource family or an individual designated by a county agency or private agency. The resource family is the caregiver for any child placed with them.

"Child." An individual who:

(1) is under the age of 18 years;

(2) is under the age of 21 years who committed an act of delinquency before reaching the age of 18 years; or

(3) is under the age of 21 years and was adjudicated dependent before reaching the age of 18 years, who has requested the court to retain jurisdiction and who remains under the jurisdiction of the court as a dependent child because the court has determined that the child is:

(i) completing secondary education or an equivalent credential;

(ii) enrolled in an institution which provides postsecondary or vocational education;

(iii) participating in a program actively designed to promote or remove barriers to employment;

(iv) employed for at least 80 hours per month; or

(v) incapable of doing any of the activities described in subparagraph (i), (ii), (iii) or (iv) due to a medical or behavioral health condition, which is supported by regularly updated information in the permanency plan of the child.

"County agency." The term as defined in 23 Pa.C.S. § 6303 (relating to definitions).

"Court." The court of common pleas. "Court-appointed special advocate" or "CASA." An individual appointed by the court to participate as an advocate for a child who is dependent or alleged to be dependent.

"Custodian." A person other than a parent or legal guardian, who stands in loco parentis to the child, or a person to whom legal custody of the child has been given by order of a court.

"Delinquent act."

(1) The term means an act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law, or an act which constitutes indirect criminal contempt under Chapter 62A (relating to protection of victims of sexual violence or intimidation) with respect to sexual violence or 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or the failure of a child to comply with a lawful sentence imposed for a summary offense, in which event notice of the fact shall be certified to the court.

(2) The term shall not include:

(i) The crime of murder.

(ii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct and a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used during the commission of the offense which, if committed by an adult, would be classified as:

(A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).

(B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

(C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).

(D) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).

(E) Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

(F) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

(G) Kidnapping as defined in 18 Pa.C.S. § 2901 (relating to kidnapping).

(H) Voluntary manslaughter.

(I) An attempt, conspiracy or solicitation to commit murder or any of these crimes as provided in 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902 (relating to criminal solicitation) and 903 (relating to criminal conspiracy).

(iii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct and has been previously adjudicated delinquent of any of the following prohibited conduct which, if committed by an adult, would be classified as:

(A) Rape as defined in 18 Pa.C.S. § 3121.

(B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123.

(C) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).

(D) Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702.

(E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125.

(F) Kidnapping as defined in 18 Pa.C.S. § 2901.

(G) Voluntary manslaughter.

(H) An attempt, conspiracy or solicitation to commit murder or any of these crimes as provided in 18 Pa.C.S. §§ 901, 902 and 903.

(iv) Summary offenses.

(v) A crime committed by a child who has been found guilty in a criminal proceeding for other than a summary offense.

"Delinquent child." A child ten years of age or older whom the court has found to have committed a delinquent act and is in need of treatment, supervision or rehabilitation.

"Dependent child." A child who:

(1) is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals. A determination that there is a lack of proper parental care or control may be based upon evidence of conduct by the parent, guardian or other custodian that places the health, safety or welfare of the child at risk, including evidence of the parent's, guardian's or other custodian's use of alcohol or a controlled substance that places the health, safety or welfare of the child at risk;

(2) has been placed for care or adoption in violation of law;

(3) has been abandoned by his parents, guardian, or other custodian;

(4) is without a parent, guardian, or legal custodian;

(5) while subject to compulsory school attendance is habitually and without justification truant from school;

(6) has committed a specific act or acts of habitual disobedience of the reasonable and lawful commands of his parent, guardian or other custodian and who is ungovernable and found to be in need of care, treatment or supervision;

(7) has committed a delinquent act or crime, other than a summary offense, while under the age of ten years;

(8) has been formerly adjudicated dependent, and is under the jurisdiction of the court, subject to its conditions or placements and who commits an act which is defined as ungovernable in paragraph (6);

(9) has been referred pursuant to section 6323 (relating to informal adjustment), and who commits an act which is defined as ungovernable in paragraph (6); or

(10) is born to a parent whose parental rights with regard to another child have been involuntarily terminated under 23 Pa.C.S. § 2511 (relating to grounds for involuntary termination) within three years immediately preceding the date of birth of the child and conduct of the parent poses a risk to the health, safety or welfare of the child. "Facility designed or operated for the benefit of delinquent children." A facility that either identifies itself by charter, articles of incorporation or program description as solely for delinquent children.

"Out-of-home placement." A setting that provides 24-hour substitute care for a child away from the child's parents or guardians and for whom the county agency has placement care and responsibility. The term includes resource family homes and supervised settings in which a child is living and, for a child who has attained 18 years of age, a supervised setting in which the individual is living independently. The term does not include secure facilities, facilities operated primarily for the detention of children who have been adjudicated delinquent, accredited psychiatric residential treatment facilities or hospitals.

"Potential kinship care resource." An individual who meets the requirements to be an emergency caregiver and has expressed a willingness to be a kinship caregiver for a dependent child.

"Private agency." An entity that provides out-of-home placement services to children under a contract with a county agency.

"Protective supervision." Supervision ordered by the court of children found to be dependent.

"Reasonable and prudent parent standard." The standard, characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while encouraging the emotional and developmental growth of the child, that a caregiver must use when determining whether to allow a child in an out-of-home placement under the responsibility of the county agency to participate in extracurricular, enrichment, cultural and social activities.

"Resource family." As defined under section 3 of the act of November 22, 2005 (P.L.404, No.73), known as the Resource Family Care Act.

"Screening." A process, regardless of whether it includes the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment.

"Serious bodily injury." Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

"Sexual violence." Rape, indecent contact as defined in 18 Pa.C.S. § 3101 (relating to definitions), incest or using, causing, permitting, persuading or coercing the child to engage in a prohibited sexual act as defined in 18 Pa.C.S. § 6312(a) (relating to sexual abuse of children) or a simulation of a prohibited sexual act for the purpose of photographing, videotaping, depicting on computer or filming involving the child.

"Shelter care." Temporary care of a child in physically unrestricted facilities. A facility approved by the Department of Public Welfare to provide shelter care may be located in the same building as a facility approved to provide secure detention services provided that children receiving shelter care services are segregated from the children receiving secure detention services as required by the department. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Mar. 15, 1995, 1st Sp.Sess., P.L.972, No.6, eff. 60 days; Nov. 17, 1995, 1st Sp.Sess., P.L.1127, No.33, eff. 120 days; June 18, 1998, P.L.640, No.84, eff. 60 days; Dec. 15, 1998, P.L.949, No.126, eff. Jan. 1, 1999; Dec. 15, 1998, P.L.978, No.128, eff. 60 days; Dec. 20, 2000, P.L.946, No.129, eff. 60 days; Aug. 14, 2003, P.L.97, No.21, eff. 180 days; Oct. 9, 2008, P.L.1396, No.109, eff. 60 days; July 5, 2012, P.L.880, No.91, eff. imd.; Oct. 25, 2012, P.L.1655, No.204, eff. imd.; March 21, 2014, P.L.365, No.25, eff. July 1, 2015; Dec. 28, 2015, P.L.559, No.94, eff. Jan. 1, 2016; Oct. 28, 2016, P.L.966, No.115, eff. imd.; June 28, 2018, P.L.361, No.49, eff. 60 days; Dec. 14, 2023, P.L.412, No.48, eff. 60 days) 2023 Amendment. Act 48 added the def. of "potential kinship care resource." 2018 Amendment. Act 49 amended the def. of "delinquent act." 2016 Amendment. Act 115 added par. (6) of the def. of

"aggravated circumstances." 2015 Amendment. Act 94 added the defs. of "age-appropriate or developmentally appropriate," "caregiver," "out-of-home placement," "private agency," "reasonable and prudent parent standard" and "resource family." 2012 Amendments. Act 91 amended par. (3) of the def. of "child" and Act 204 amended par. (7) of the def. of "dependent child." 2012 Correction. Incorrect language was added to the def. of "aggravated circumstances" in 2012. The correct version of the def. appears in this title. 2008 Amendment. Act 109 added the defs. of "assessment" and

"screening." 2003 Amendment. Act 21 added the def. of "board." 2000 Amendment. Act 129 amended the def. of "shelter care" and added the def. of "facility designed or operated for the benefit of delinquent children." 1998 Amendments. Act 126 amended the def. of "dependent child" and added the defs. of "aggravated circumstances," "aggravated physical neglect," "county agency," "serious bodily injury" and "sexual violence" and Act 128 added the def. of "court-appointed special advocate" or "CASA."

1995 Amendment. Section 8 of Act 33, 1st Sp.Sess., provided that Act 33 shall apply to all delinquent acts committed on or after the effective date of Act 33. Care of Dependent Children. Section 31 of Act 53 of 1978 limits the liability of counties for costs of operating new shelter care programs for dependent children classified under paragraph (6) of the definition of "dependent child." References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014. The act of November 22, 2005, P.L.404, No.73, known as the Resource Family Care Act, referred to in the definition of "resource family," was repealed by the act of November 3, 2022, P.L.1966, No.131. The subject matter is now contained in 67 Pa.C.S. Chs. 71 and 73. Cross References. Section 6302 is referred to in sections 62A14, 6303, 6311, 6322, 6323, 6327, 6351, 6355, 6402 of this title; sections 16137, 16139.2 of Title 16 (Counties); sections 6114, 6315 of Title 23 (Domestic Relations).
42 Pa.C.S. § 912 — PA Code / Title 42 / Chapter 9 / Section 912
Powers of courts of common pleas.
Status: in_force

Every court of common pleas shall have power to issue, under its judicial seal, every lawful writ and process to or to be served or enforced by system and related personnel as such courts have been heretofore authorized by law or usage to issue. Every judge of a court of common pleas shall have all the powers of a judge or magisterial district judge of the minor judiciary. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
42 Pa.C.S. § 6110 — PA Code / Title 42 / Chapter 61 / Section 6110
Registers kept by religious societies and municipalities.
Status: in_force

(a) General rule.--The registry kept by any religious society in their respective meeting book or books of any marriage, birth or burial, within this Commonwealth, shall be held good and authentic, and shall be allowed of upon all occasions whatsoever.

(b) Foreign burials.--The registry of burials of any religious society or corporate town, in places out of the United States, shall be prima facie evidence of the death of any person whose burial is therein registered, and of the time of his interment, if the time be stated in the registry, and extracts from such registries, certified by the proper officers, in the mode of authentication usual in the place in which they are made and authenticated as provided in section 5328 (relating to proof of official records), shall be received as copies of such registries, and be evidence accordingly.
42 Pa.C.S. § 9793 — PA Code / Title 42 / Chapter 97 / Section 9793
Registration of certain offenders for ten years (Deleted by amendment).
Status: in_force

2000 Amendment. Section 9793 was deleted by amendment May 10, 2000, P.L.74, No.18, effective in 60 days.
42 Pa.C.S. § 5333 — PA Code / Title 42 / Chapter 53 / Section 5333
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:

"Foreign jurisdiction." A state other than Pennsylvania.

"Foreign subpoena." A subpoena issued under authority of a court of record of a foreign jurisdiction.

"Person." An individual, corporation, business trust, estate, trust, partnership, limited liability company,

association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

"Prothonotary." The term includes a clerk of court, where applicable.

"State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.

"Subpoena." A document, however denominated, issued under authority of a court of record requiring a person to:

(1) attend and give testimony at a deposition, hearing or trial;

(2) produce and permit inspection and copying of designated books, documents, records, electronically stored information or tangible things in the possession, custody or control of the person; or

(3) permit inspection of premises under the control of the person.
42 Pa.C.S. § 9718.4 — PA Code / Title 42 / Chapter 97 / Section 9718.4
Sentence for failure to comply with registration of sexual offenders.
Status: in_force

(a) Mandatory sentence.--Mandatory sentencing shall be as follows:

(1) Sentencing upon conviction for a first offense shall be as follows:

(i) Not less than two years for an individual who:

(A) is subject to section 9799.13 (relating to applicability) and must register for a period of 15 years under section 9799.15 (relating to period of registration) or a similar provision from another jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(1) or (2) (relating to failure to comply with registration requirements).

(ii) Not less than three years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 years under section 9799.15 or a similar provision from another jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(3).

(iii) Not less than three years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(1) or (2).

(iv) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(3).

(2) Sentencing upon conviction for a second or subsequent offense shall be as follows:

(i) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(1) or (2).

(ii) Not less than seven years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction; and

(B) violated 18 Pa.C.S. § 4915.1(a)(3).

(a.1) Transients and mandatory sentence.--Mandatory sentencing shall be as follows:

(1) Sentencing upon conviction for a first offense shall be as follows:

(i) Not less than two years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 years under section 9799.15 or a similar provision from another jurisdiction and is a transient; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(ii) Not less than three years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 years under section 9799.15 or a similar provision from another jurisdiction and is transient; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(3).

(iii) Not less than three years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is transient; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(iv) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is a transient; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(3).

(2) Sentencing upon conviction for a second or subsequent offense shall be as follows:

(i) Not less than five years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is transient; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(1) or (2).

(ii) Not less than seven years for an individual who:

(A) is subject to section 9799.13 and must register for a period of 15 or 25 years or life under section 9799.15 or a similar provision from another jurisdiction and is a transient; and

(B) violated 18 Pa.C.S. § 4915.1(a.1)(3).

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

(c) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.

(d) Appeal by Commonwealth.--If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section. (Dec. 20, 2011, P.L.446, No.111, eff. one year) 2011 Amendment. Act 111 added section 9718.4.
42 Pa.C.S. § 8327 — PA Code / Title 42 / Chapter 83 / Section 8327
Liability to make contribution as affected by release.
Status: in_force

A release by the injured person of one joint tort-feasor does not relieve him from liability to make contribution to another tort-feasor, unless the release is given before the right of the other tort-feasor to secure a money judgment for contribution has accrued and provides for a reduction to the extent of the pro rata share of the released tort-feasor of the injured person's damages recoverable against all the other tort-feasors.
42 Pa.C.S. § 3575 — PA Code / Title 42 / Chapter 35 / Section 3575
Criminal Justice Enhancement Account.
Status: in_force

(a) Establishment.--There is established within the State Treasury a restricted account to be known as the Criminal Justice Enhancement Account. The account shall be comprised of all of the following:

(1) Costs of prosecution imposed pursuant to subsection

(b).

(2) Fines statutorily designated by subsection (c) to the account.

(b) Costs of prosecution.--In addition to any other costs of prosecution, an assessment in the amount of $50 shall be

imposed and directed to the account in each judicial proceeding where:

(1) the defendant accepts Accelerated Rehabilitative Disposition;

(2) the defendant is convicted of or enters a plea of guilt or nolo contendere for a felony, misdemeanor of the first degree or misdemeanor of the second degree set forth in 18 Pa.C.S. (relating to crimes and offenses); or

(3) the defendant is convicted of or enters a plea of guilt or nolo contendere for a violation of section 13(a)(16) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(c) Designated offenses.--Any fines imposed for the following offenses under 18 Pa.C.S. shall be directed to the account:
42 Pa.C.S. § 9799.12 — PA Code / Title 42 / Chapter 97 / Section 9799.12
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:

"Approved registration site." A site in this Commonwealth approved by the Pennsylvania State Police at which individuals subject to this subchapter may comply with this subchapter.

"Board." The State Sexual Offenders Assessment Board.

"Common interest community." Includes a cooperative, a condominium and a planned community where an individual by virtue of an ownership interest in any portion of real estate is or may become obligated by covenant, easement or agreement imposed upon the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the individual.

"Convicted." Includes conviction by entry of plea of guilty or nolo contendere, conviction after trial or court martial and a finding of not guilty due to insanity or of guilty but mentally ill.

"Employed." Includes a vocation or employment that is full time or part time for a period of time exceeding four days during a seven-day period or for an aggregate period of time exceeding 14 days during any calendar year, whether self-employed, volunteered, financially compensated, pursuant to a contract or for the purpose of governmental or educational benefit.

"Foreign country." Includes Canada, the United Kingdom, Australia, New Zealand and a foreign country where the United States Department of State in the Country Reports on Human Rights Practices has concluded that an independent judiciary enforced the right to a fair trial in that country during the calendar year in which the individual's conviction occurred.

"IAFIS." The Integrated Automated Fingerprint Identification System.

"Integrated Automated Fingerprint Identification System." The national fingerprint and criminal history system maintained by the Federal Bureau of Investigation providing automated fingerprint search capabilities, latent searching capability, electronic image storage and electronic exchange of fingerprints and responses.

"Jurisdiction." A state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands and a federally recognized Indian tribe as provided in section 127 of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16927).

"Juvenile offender." One of the following:

(1) An individual who was 14 years of age or older at the time the individual committed an offense which, if committed by an adult, would be classified as an offense under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault) or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 or 3125 and either:

(i) is adjudicated delinquent for such offense on or after the effective date of this section; or

(ii) has been adjudicated delinquent for such offense and on the effective date of this section is subject to the jurisdiction of the court on the basis of that adjudication of delinquency, including commitment

to an institution or facility set forth in section 6352(a)(3) (relating to disposition of delinquent child).

(2) An individual who, on or after the effective date of this paragraph, was 14 years of age or older at the time the individual committed an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation or conspiracy to commit an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the United States, another jurisdiction or a foreign country and was adjudicated delinquent for such an offense; or who was previously adjudicated delinquent for such an offense and, on the effective date of this paragraph, is subject to the jurisdiction of the court on the basis of that adjudication of delinquency.

(3) An individual who, on or after the effective date of this paragraph, was required to register in a sexual offender registry in another jurisdiction or foreign country based upon an adjudication of delinquency. The term does not include a sexually violent delinquent child.

"Mental abnormality." A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

"Military offense." An offense specified by the United States Secretary of Defense under 10 U.S.C. § 951 (relating to establishment; organization; administration).

"Minor." Any individual under 18 years of age.

"Municipality." A city, borough, incorporated town or township.

"NCIC." The National Crime Information Center.

"Penetration." Includes any penetration, however slight, of the genitals or anus or mouth of another person with a part of the person's body or a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

"Predatory." An act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support victimization.

"Registry." The Statewide Registry of Sexual Offenders established in section 9799.16(a) (relating to registry).

"Residence." A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year. The term includes a residence which is mobile, including a houseboat, mobile home, trailer or recreational vehicle.

"Sexual offender." An individual who has committed a sexually violent offense. The term includes a sexually violent predator.

"Sexually violent delinquent child." As defined in section 6402 (relating to definitions) if the determination as a sexually violent delinquent child is based on an act of sexual violence, as defined in section 6402, committed on or after December 20, 2012, for which the child was adjudicated delinquent and determined to be in need of commitment for involuntary treatment as specified in Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons).

"Sexually violent offense." An offense specified in section 9799.14 (relating to sexual offenses and tier system) as a Tier I, Tier II or Tier III sexual offense committed on or after December 20, 2012, for which the individual was convicted.

"Sexually violent predator." An individual who committed a sexually violent offense under the laws of this Commonwealth or an attempt, conspiracy or solicitation to commit a sexually violent offense under the laws of this Commonwealth on or after December 20, 2012, who is determined to be a sexually violent predator under section 9799.24 (relating to assessments) due to a mental abnormality or personality disorder that makes the individual likely to engage in predatory sexually violent offenses. The term includes an individual determined to be a sexually violent predator or similar designation where the determination occurred in another jurisdiction, a foreign country or by court martial following a judicial or administrative determination pursuant to a process similar to that under section 9799.24 where the determination or designation is based on the commitment of a sexually violent offense on or after December 20, 2012, for which the individual was convicted.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) (Deleted by amendment).

"Student." An individual who is enrolled in or attends a public or private educational institution within this Commonwealth on a full-time or part-time basis, including a secondary school, trade or professional institution or institution of higher education. The term does not include an individual enrolled in an educational institution exclusively through the Internet or via correspondence courses.

"Temporary lodging." The specific location, including street address, where a sexual offender is staying when away from the sexual offender's residence for seven or more days.

"Tier I sexual offense." An offense specified in section 9799.14(b) (relating to sexual offenses and tier system).

"Tier II sexual offense." An offense specified in section 9799.14(c) (relating to sexual offenses and tier system).

"Tier III sexual offense." An offense specified in section 9799.14(d) (relating to sexual offenses and tier system).

"Transient." A sexual offender who does not have a residence but nevertheless resides in this Commonwealth in a temporary habitat or other temporary place of abode or dwelling, including, but not limited to, a homeless shelter or park. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; May 8, 2024, P.L.360, No.16, eff. imd.) 2024 Amendment. Act 16 amended the def. of "sexually violent predator." 2021 Unconstitutionality. Section 9799.12 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021). 2019 Unconstitutionality. Section 9799.12 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019). 2018 Amendments. Act 10 amended the defs. of "sexual offender," "sexually violent delinquent child," "sexually violent offense," "sexually violent predator" and "transient" and Act 29 reenacted the defs. of "sexual offender," "sexually violent delinquent child," "sexually violent offense," "sexually violent predator" and "transient." Section 20(1) of Act 10 provided that the amendment of section 9799.12 shall apply to

an individual who commits an offense on or after December 20, 2012. 2014 Amendment. Act 138 amended the defs. of "juvenile offender" and "sexually violent predator," retroactive to September 2, 2014, as to the def. of "sexually violent predator."

Amendment . Act 91 amended the defs. of "approved registration site," "convicted," "juvenile offender" and

"sexually violent predator." 2011 Amendment. Act 111 added section 9799.12. Cross References. Section 9799.12 is referred to in sections 9718.1, 9799.19 of this title; section 4915.1 of Title 18 (Crimes and Offenses); sections 6303, 6338.1 of Title 23 (Domestic Relations).