reglab/housing_qa huggingface dataset:
42 PA Cons Stat § 9572 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9572 - Representation of counsel

§ 9572. Representation of counsel. (a) Collateral counsel.--Immediately after the formal imposition of sentence on all charges or within 30 days of the verdict of the death penalty, whichever occurs later, the court shall appoint new counsel for the purposes of collateral review, unless:  (1) the petitioner has elected to proceed pro se and the court finds, after a colloquy on the record, that the petitioner's election is knowing, intelligent and voluntary; or  (2) the petitioner retains counsel for the unitary review proceeding. (b) Prior attorney.--No petitioner may be represented on collateral review, either in the trial court or on appeal, by an attorney, whether retained or appointed, who has represented the petitioner at any other stage of the proceedings, including direct appeal, unless the court finds, after a colloquy on the record, that the petitioner has knowingly, intelligently and voluntarily waived his right to challenge the effectiveness of that attorney's representation.  (c) Standards for appointment of counsel.--The Supreme Court shall adopt standards for the appointment of counsel in capital cases. These standards shall apply for the appointment of trial counsel, collateral review counsel and appellate counsel. When adopting the standards, the Supreme Court shall consider, where practicable, the following criteria:  (1) Counsel is admitted to practice in Pennsylvania. (2) Counsel is an experienced and active trial practitioner with at least five years' litigation experience in the field of criminal law.  (3) Counsel has prior experience as counsel in a specified number of trials or other relevant proceedings.  (4) Counsel is familiar with the practice and procedure of the appropriate courts, including Federal courts of the jurisdiction.  (5) Counsel has demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.  (6) Local practice for the appointment of counsel in capital cases. Absent standards established under this subsection, the court may appoint such counsel as it deems qualified, in accordance with any local rules or practices. The existence or applicability of or failure to comply with such standards shall not provide a basis for relief.    Suspension by Court Order. Section 9572 was suspended August 11, 1997, S.Ct. Order.
42 PA Cons Stat § 9573 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9573 - Time for petition; contents of petition

 § 9573. Time for petition; contents of petition. (a) Filing date.--Any petition under this subchapter shall be filed within 120 days of the date the trial transcript is filed with the court. The court may, for good cause shown, grant extensions of time totaling no more than 90 days.  (b) Subsequent or untimely claims.--Any claim raised after the time specified in subsection (a) shall be dismissed unless it satisfies section 9578 (relating to subsequent petitions).  (c) Evidentiary hearing.--Where the petitioner requests an evidentiary hearing, the petition shall include a signed certification as to each intended witness stating the witness's name, address, date of birth and substance of testimony and shall include any documents material to that witness's testimony. Failure to substantially comply with the requirements of this subsection shall render the proposed witness's testimony inadmissible.  (d) Discovery.--Discovery shall be permitted, and no reasonable discovery request of the petitioner shall be denied except upon demonstration of exceptional circumstances justifying denial of the discovery requests.  (e) Claim for relief.--When a claim for relief is based on an allegation of ineffective assistance of counsel as a ground for relief, any privilege concerning counsel's representation as to that issue shall be automatically terminated.    Suspension by Court Order. Section 9573 was suspended August 11, 1997, S.Ct. Order.
42 PA Cons Stat § 9574 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9574 - Answer to petition

§ 9574. Answer to petition. The Commonwealth may file a written answer to the petition within 120 days of the filing and service of the petition. For good cause shown, the court may grant an extension of time of up to 90 days. Failure to file an answer shall not constitute an admission of any facts alleged in the petition.    Suspension by Court Order. Section 9574 was suspended August 11, 1997, S.Ct. Order.  Cross References. Section 9574 is referred to in section 9545 of this title.
42 PA Cons Stat § 9575 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9575 - Disposition without evidentiary hearing

 § 9575. Disposition without evidentiary hearing. (a) Evidentiary hearing.--No more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, the court shall determine whether or not an evidentiary hearing is warranted. An evidentiary hearing shall not be warranted unless controverted, previously unresolved factual issues material to petitioner's conviction or sentence exist.  (b) Written order.--Failure of the court to issue a written order within the period prescribed under subsection (a) shall constitute a determination that an evidentiary hearing is warranted on any controverted, previously unresolved factual issues material to petitioner's conviction or sentence.  (c) Disposing of petition.--If the determination is made that no evidentiary hearing is warranted, the court shall, no later than 90 days from the date of that determination, dispose of the petition, after oral argument if requested, and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.    Suspension by Court Order. Section 9575 was suspended August 11, 1997, S.Ct. Order.  Cross References. Section 9575 is referred to in section 9545 of this title.
42 PA Cons Stat § 9576 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9576 - Evidentiary hearing

 § 9576. Evidentiary hearing. (a) Order.--If the court determines that an evidentiary hearing is warranted, the court shall enter an order no more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, setting a date for the hearing.  (b) Date.--The hearing shall be scheduled to occur not less than ten days and not more than 45 days from the date of the order setting the hearing. The court may, for good cause shown, grant leave to continue the hearing.  (c) Disposing of petition.--Not later than 90 days after the evidentiary hearing, the court shall dispose of the petition and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.    Suspension by Court Order. Section 9576 was suspended August 11, 1997, S.Ct. Order.  Cross References. Section 9576 is referred to in section 9545 of this title.
42 PA Cons Stat § 9577 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9577 - Disposition and appeal

 § 9577. Disposition and appeal. (a) Capital unitary review.--Review by the Supreme Court under section 9711(h) (relating to review of death sentence) shall comprise direct appeal and collateral appeal. The common pleas court order disposing of the petition under this subchapter shall constitute the final judgment for purposes of this review.  (b) Briefs for petitioner.--Unless the petitioner has waived the right to new counsel on collateral review, separate briefs shall be filed for direct appeal and collateral appeal. The time for filing the collateral appeal brief shall begin to run from service of the petitioner's brief on direct appeal.  (c) Brief for the Commonwealth.--The Commonwealth shall file a brief in response to the petitioner's direct and collateral appeal briefs. The time for filing the Commonwealth's brief shall begin to run from service of the petitioner's brief on collateral appeal.    Suspension by Court Order. Section 9577 was suspended August 11, 1997, S.Ct. Order.
42 PA Cons Stat § 9578 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9578 - Subsequent petitions

 § 9578. Subsequent petitions. (a) Further review.--No further review shall be available unless a petition is filed under Subchapter B (relating to post conviction relief) alleging that:  (1) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution of the United States or laws of the United States or the Constitution of Pennsylvania or laws of this Commonwealth;  (2) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained in the exercise of due diligence; or  (3) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.  (b) Exception petition.--Any petition invoking an exception provided in subsection (a) shall be filed within 60 days of the date the claim could have been presented.    Suspension by Court Order. Section 9578 was suspended August 11, 1997, S.Ct. Order.  Cross References. Section 9578 is referred to in section 9573 of this title.
42 PA Cons Stat § 9579 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 95 - Post-trial Matters|Section 9579 - Certification

 § 9579. Certification. (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 Cons Stat § 9701 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9701 - Short title of chapter

§ 9701. Short title of chapter. This chapter shall be known and may be cited as the "Sentencing Code."
42 PA Cons Stat § 9702 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9702 - Definitions

§ 9702. Definitions. As used in this chapter "court" and "judge" include (when exercising criminal or quasi-criminal jurisdiction pursuant to section 1515 (relating to jurisdiction and venue)) a magisterial district judge.  (Oct. 5, 1980, P.L.693, No.142, eff. 60 days; 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 Cons Stat § 9703 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9703 - Scope of chapter

§ 9703. Scope of chapter. Except as otherwise specifically provided in this chapter, in all cases the sentence to be imposed shall be determined by the court as authorized by law.   (Mar. 8, 1982, P.L.169, No.54, eff. 90 days)   1982 Amendment. Act 54 added section 9703.
42 PA Cons Stat § 9711.1 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9711.1 - Sentencing for certain murders of infant persons

§ 9711.1. Sentencing for certain murders of infant persons. (a) Sentence enhancement.--The Pennsylvania Commission on Sentencing, pursuant to section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under 18 Pa.C.S. § 2502(c) (relating to murder) when the victim was less than 13 years of age at the time of the commission of the offense.  (b) Applicability.--The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall determine, by preponderance of the evidence, if this section is applicable.  (c) Consecutive sentence.--A sentence imposed upon a person to whom this section applies shall be served consecutively to any other sentence the person is serving and to any other sentence being then imposed by the court.  (Oct. 25, 2012, P.L.1655, No.204, eff. 60 days)   2012 Amendment. Act 204 added section 9711.1.
42 PA Cons Stat § 9716 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9716 - Two or more mandatory minimum sentences applicable

§ 9716. Two or more mandatory minimum sentences applicable. Where two or more sections requiring mandatory minimum sentences are applicable, the court shall be bound by that section requiring the greater penalty.   (Mar. 8, 1982, P.L.169, No.54, eff. 90 days)   1982 Amendment. Act 54 added section 9716.  Cross References. Section 9716 is referred to in sections 9712, 9713 of this title.
42 PA Cons Stat § 9717 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9717 - Sentences for offenses against elderly persons

§ 9717. Sentences for offenses against elderly persons. (a) Mandatory sentence.--A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and not a police officer shall be sentenced to a mandatory term of imprisonment as follows:  18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years.  18 Pa.C.S. § 3121 (relating to rape) - not less than five years. 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than five years.  18 Pa.C.S. § 3922 (relating to theft by deception) - not less than 12 months, but the imposition of the minimum sentence shall be discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.  (b) Eligibility for parole.--Parole shall not be granted until the minimum term of imprisonment has been served.   (Dec. 30, 1982, P.L.1472, No.334, eff. 60 days)   1982 Amendment. Act 334 added section 9717.
42 PA Cons Stat § 9718.5 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9718.5 - Mandatory period of probation for certain sexual offenders

§ 9718.5. Mandatory period of probation for certain sexual offenders. (a) Mandatory probation supervision after release from confinement.--A person who is convicted in a court of this Commonwealth of an offense under section 9799.14(d) (relating to sexual offenses and tier system) shall be sentenced to a mandatory period of probation of three years consecutive to and in addition to any other lawful sentence issued by the court.  (b) Imposition.--The court may impose the term of probation required under subsection (a) in addition to the maximum sentence permitted for the offense for which the defendant was convicted.  (c) Authority of court in sentencing.--There shall be no authority in a court to impose on an offender to which this section is applicable a lesser period of probation than provided for under subsection (a). Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory period of probation provided under this section.  (d) Direct supervision.--Nothing under this section shall limit the court's authority to direct supervision by the Department of Corrections by special order as provided under 61 Pa.C.S. § 6172(a) (relating to probation services).  (Feb. 21, 2018, P.L.27, No.10, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)   2021 Amendment. Act 59 amended subsec. (d). Section 29 of Act 59 provided that the appropriation for the Pennsylvania Parole Board and the Board of Pardons must each be in a separate line item under the Department of Corrections.  2018 Amendment. Act 10 added section 9718.5.  Cross References. Section 9718.5 is referred to in section 6137.2 of Title 61 (Prisons and Parole).
42 PA Cons Stat § 9719 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9719 - Sentences for offenses committed while impersonating a law enforcement officer

§ 9719. Sentences for offenses committed while impersonating a law enforcement officer. (a) Mandatory sentence.--A person convicted of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping or who is convicted of attempt to commit any of these crimes shall, if the person was impersonating a law enforcement officer during the commission of the offense, be sentenced to a minimum sentence of at least three years of total confinement notwithstanding any other provision of this title or other statute to the contrary.  (b) Proof at sentencing.--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 sentencing court shall consider evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present 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.  (e) Definition.--As used in this section, the term "law enforcement officer" means a law enforcement officer or employee of the United States, a state, a political subdivision of a state or the District of Columbia.   (Apr. 13, 1988, P.L.336, No.47, eff. 60 days)   1988 Amendment. Act 47 added section 9719.
42 PA Cons Stat § 9719.1 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9719.1 - Sentences for offenses committed against law enforcement officer

§ 9719.1. Sentences for offenses committed against law enforcement officer. (a) Mandatory sentence.--A person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows:  18 Pa.C.S. § 2702.1(a) (relating to assault of law enforcement officer) - not less than 20 years.  (b) 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.  (c) 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.  (d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:  "Law enforcement officer." The term shall have the same meaning as the term "peace officer" is given under 18 Pa.C.S. § 501 (relating to definitions).   (Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)   2008 Amendment. Act 131 added section 9719.1.
42 PA Cons Stat § 9720 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 42 - JUDICIARY AND JUDICIAL PROCEDURE|Chapter 97 - Sentencing|Section 9720 - Sentencing for criminal mischief

§ 9720. Sentencing for criminal mischief. (a) Sentencing.--A person convicted of an offense under 18 Pa.C.S. §§ 3304(a)(4) (relating to criminal mischief) and 3307(a.1) (relating to institutional vandalism), and who in the opinion of the sentencing court would benefit, shall be sentenced to a term of supervised community service, including repairing or restoring damaged property, in accordance with the following:  (1) If the damage to the property is less than $200, the term of community service shall not be less than 50 days nor more than 74 days.  (2) If the damage to the property is at least $200 but less than $1,000, the term of community service shall not be less than 75 days nor more than 99 days.  (3) If the damage to the property is $1,000 or more, the term of community service shall not be less than 100 days nor more than 200 days.  (b) Satisfactory completion of community service program.-- Satisfactory completion of the community service program under subsection (a) shall result in a dismissal of charges and expungement of the record of the person sentenced under subsection (a). The court shall follow procedures similar to those established for the Accelerated Rehabilitative Disposition Program.   (Apr. 21, 1994, P.L.131, No.17, eff. 60 days)   1994 Amendment. Act 17 added section 9720. See the preamble to Act 17 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations.