2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Extra - Appendix To Title

APPENDIX TO TITLE 42
JUDICIARY AND JUDICIAL PROCEDURE
Supplementary Provisions of Amendatory Statutes
1976, JULY 9, P.L.586, NO.142
§ 8. Pending actions and proceedings.
(a) Jurisdiction of court continued.--
Except as otherwise provided in this section, no appeal or other matter pending in any court on the effective date of this act shall be affected by the provisions of this act changing the jurisdiction of courts, and all such matters shall proceed to a final determination in such court, which court shall have continuing jurisdiction over such matter, including jurisdiction on remand following any appellate review of any order entered in such matter, whether such appellate review was had before or after the effective date of this act.
(b) Transfer of jurisdiction by consent.--
A court vested with continuing jurisdiction over a pending matter under subsection (a) may at any time, with the consent of the transferee court, transfer jurisdiction of such matter to the court which would have been vested with jurisdiction of such matter if the action or proceeding had been commenced in or the appeal had been taken to such transferee court after the effective date of this act. Such transfers shall be effected with due regard for the interests of justice and the convenience of the parties. In every such case the clerk of the transferor court shall transfer to the custody of the clerk of the transferee court all dockets, records, pleadings and other papers, or certified copies thereof, relating to the matter so transferred.
§ 9. Philadelphia Municipal Court.
(a) President judge.--
(Repealed).
(b) Temporary assignment of judges.--
The President Judge of the Court of Common Pleas of Philadelphia County may assign temporarily judges of the municipal court to the Court of Common Pleas of Philadelphia County when required to expedite the business of the court.
(c) Limitation on powers of certain judges.--
(Repealed).
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Repeal.
Act 326 repealed subsec. (b) in part. The repealed provisions have been deleted from the text.
1980 Repeal.
Act 142 repealed subsecs. (a) and (c).
§ 10. Concurrent jurisdiction of Court of Common Pleas of Philadelphia County.
The Court of Common Pleas of Philadelphia County shall have concurrent jurisdiction over the matters specified in 42 Pa.C.S. § 1123(a)(2) (relating to jurisdiction and venue) and the assignment of cases between the two courts shall be determined by rule prescribed by the President Judge of the Court of Common Pleas of Philadelphia County.
(Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
1982 Repeal.
Act 326 repealed section 10 in part. The repealed provisions have been deleted from the text.
§ 11. Loan Interest and Protection Law.
Nothing in 42 Pa.C.S. § 1722(b) (relating to enforcement and effect of orders and process) or in any other provision of this act shall in any way repeal, modify or otherwise affect the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law.
§ 12. Allegheny County appointments.
Notwithstanding the provisions of 42 Pa.C.S. § 2301(a)(1) (relating to appointment of personnel), until otherwise provided or prescribed by law (and subject to the provisions of 42 Pa.C.S. § 2301(c)) the President Judge of the Court of Common Pleas of Allegheny County shall:
(1) Appoint necessary personal staff of the judges of such court upon the designation of the appointee by the affected judge.
(2) Appoint necessary personal staff of district justices elected or appointed to magisterial districts established within Allegheny County upon the designation of the appointee by the affected district justice.
References in Text.
Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
§ 14. Continuation of existing judicial boards, commissions and committees.
The enactment of this act shall not affect the existence or membership of the following bodies:
(1) The Advisory Committee on Appellate Court Rules.
(2) Civil Procedural Rules Committee.
(3) Criminal Procedural Rules Committee.
(4) The Disciplinary Board of the Supreme Court of Pennsylvania.
(5) Judicial Council of Pennsylvania.
(6) Minor Court Civil Procedural Rules Committee.
(7) Philadelphia Judicial Council.
(8) State Board of Law Examiners.
(9) Supreme Court Committee for Proposed Standard Jury Instructions.
(10) Supreme Court Orphans' Court Rules Committee.
§ 15. Minor Judiciary Education Board.
The Minor Judiciary Education Board is hereby transferred to the unified judicial system. All personnel, allocations, appropriations, equipment, files, records, contracts, agreements, obligations and other material which are used, employed or expended in connection with the powers, duties or functions of the Minor Judiciary Education Board are hereby transferred to the unified judicial system. The terms of the members of the Minor Judiciary Education Board in office on the effective date of this act shall not be affected by this act. Until otherwise provided pursuant to 42 Pa.C.S. § 2132(c) (relating to compensation) each member of the board shall be paid $50 for each day or part thereof upon which he attends a board meeting or performs any duty assigned to him by the chairman and he shall be reimbursed for reasonable traveling or other expenses incurred incident to such attendance and to such assigned duty.
§ 16. Boards of viewers.
Appointments and removals of persons as members of the county board of viewers pursuant to 42 Pa.C.S. § 2142 (relating to composition of boards) shall be made by a majority of the judges of the court of common pleas of the appropriate judicial district.
§ 17. Landlord and tenant officers and writ servers.
Appointments and removals of landlord and tenant officers and writ servers for the Philadelphia Municipal Court under 42 Pa.C.S. § 2301 (relating to appointment of personnel) shall be by the president judge of that court.
§ 18. Traffic court writ servers.
Appointments and removals of writ servers for the Traffic Court of Philadelphia pursuant to 42 Pa.C.S. § 2301 (relating to appointment of personnel) shall be by the president judge of that court from among persons who shall possess such qualifications as the judges of that court shall prescribe.
§ 19. Applicability of minor judiciary education requirements.
Subchapter B of Chapter 31 of Title 42 (relating to qualifications of certain minor judiciary) shall not apply to any judge or district justice in office on the effective date of this act.
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.
§ 22. Existing judges of the Traffic Court of Philadelphia.
In the event of the establishment of a community court in the City and County of Philadelphia prior to the expiration of the current term of office of a judge of the Traffic Court of Philadelphia holding office on the effective date of this act, the status of such judge shall be determined under subsection (z) of section 16, Schedule to Article V of the Constitution of Pennsylvania, adopted April 23, 1968, and not by the provisions of 42 Pa.C.S. § 3321(b) (relating to establishment of community courts).
§ 23. Existing judicial officers.
Notwithstanding 42 Pa.C.S. § 3351 (relating to automatic retirement on age) a judge or justice in office on January 1, 1969 may complete the term of office which he was serving on that date.
§ 24. Financial matters.
(a) Existing fees and charges continued.--
All existing fees and charges and all fees and charges hereafter fixed by statute or pursuant to existing statutory authority shall continue in effect until superseded by fees and charges fixed pursuant to 42 Pa.C.S. § 1725 (relating to establishment of fees and charges).
(b) Pittsburgh Magistrates Court.--
Notwithstanding any other provision of this act, the salary and expenses of the judges of the Pittsburgh Magistrates Court shall be paid by the City of Pittsburgh.
(c) Pennsylvania Judicial Center.--
For the purposes of 42 Pa.C.S. § 3703(b) (relating to local chamber facilities) and 42 Pa.C.S. § 3704(b) (relating to local facilities for holding sessions of Statewide courts) the Pennsylvania Judicial Center shall not be deemed to be located in a county until the facilities specified in 42 Pa.C.S. § 3703(a) and 42 Pa.C.S. § 3704(a) are provided by the center.
(d) Philadelphia Law Library.--
Until otherwise provided by statute, in every county of the first class:
(1) There shall be charged and set apart by the officer receiving the fees fixed under 42 Pa.C.S. § 1725 and remitted monthly to the treasurer of the bar association or other nonprofit corporation operating the public law library of such county an amount equal to 20% of the filing fees at the time in effect for the probate of wills, the issue of letters testamentary, the issue of letters of administration and the filing of accounts with the register of wills, the filing of accounts of trustees and guardians in the court of common pleas of the county and of all filings in the office of the prothonotary of the county.
(2) The provisions of paragraph (1) shall not apply to any actions taken or initiated by any political subdivision.
(3) The written receipt for said moneys of the treasurer of such bar association or nonprofit corporation, as the case may be, shall be the only legal discharge of such officer.
(4) The Department of General Services shall annually, and free of charge, distribute to the treasurer of each such bar association or nonprofit corporation, as the case may be, for the use of its library, 60 copies of the Laws of Pennsylvania for the purpose of enabling the said library to exchange a copy of the said laws for a copy of similar publications of other states and of the territories of the United States of America.
(e) Allegheny County Law Library.--
(Repealed).
(e.1) Second class A county law libraries.--
(Repealed).
(f) Manner of expenditure of local funds.--
(Repealed).
(July 20, 1979, P.L.166, No.54, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 5, 1980, P.L.1108, No.191, eff. imd.; July 3, 1985, P.L.162, No.44; Dec. 14, 1992, P.L.870, No.140, eff. 60 days)
1992 Repeal.
Act 140 repealed subsecs. (e) and (e.1)
1985 Amendment.
Act 44 amended subsec. (d), effective immediately, and added subsec. (e.1), effective in 20 days. Section 3 of Act 44 provided that, notwithstanding the provisions of laws requiring that the fees be established at the beginning of each year for the year 1985, new fees may be established upon the effective date of Act 44.
1980 Amendments.
Act 142 repealed subsec. (f) and Act 191 amended subsec. (d).
1979 Amendment.
Act 54 amended subsec. (e).
1984 Partial Repeals.
Section 20 of Act 127 of 1984, known as the Sheriff Fee Act, provided that section 24(a) is repealed insofar as it is inconsistent with Act 127.
Section 4 of Act 188 of 1984, referred to as the Philadelphia Quarter Sessions Clerk Fee Law, provided that section 24(a) is repealed insofar as it relates to fees collected by the Clerk of Quarter Sessions of Philadelphia.
1982 Partial Repeals.
Section 7 of Act 85 of 1982, known as the Second Class County Prothonotary Fee Act, provided that section 24(a) is repealed insofar as it is inconsistent with Act 85.
Section 2 of Act 158 of 1982, referred to as the Clerk of Courts Fee Law, provided that section 24(a) is repealed insofar as it is inconsistent with Act 158.
Section 6 of Act 203 of 1982, referred to as the Prothonotary Fee Law, provided that section 24(a) is repealed insofar as it is inconsistent with Act 203.
1981 Partial Repeals.
Section 3 of Act 57 of 1981 provided that section 24(a) is repealed insofar as it relates to fees collected by registers of wills in second through eighth class counties. Section 1 of Act 57 established fees for fifth through eighth class counties and section 2 continued existing fees and charges in second through fourth class counties and prohibited their increase except by an act of the Legislature.
Section 3 of Act 58 of 1981 provided that section 24(a) is repealed insofar as it relates to fees collected by clerks of the orphans' courts in second through eighth class counties. Section 1 of Act 58 established fees for fifth through eighth class counties and section 2 continued existing fees and charges in second through fourth class counties and prohibited their increase except by an act of the Legislature.
§ 25. Effect of act on periods of limitation.
(a) Civil actions and proceedings.--
Any civil action or proceeding:
(1) the time heretofore limited by statute for the commencement of which is reduced by any provision of this act; and
(2) which is not fully barred by statute on the day prior to the effective date of this act;
may be commenced within one year after the effective date of this act, or within the period heretofore limited by statute, whichever is less, notwithstanding any provisions of Subchapter B of Chapter 55 of Title 42 (relating to civil actions and proceedings) or any other provision of this act providing a shorter limitation.
(b) Barred causes of action not revived.--
No cause of action fully barred prior to the effective date of this act shall be revived by reason of the enactment of this act.
(c) Prior crimes and offenses.--
The period of limitations specified in this act with respect to crimes and offenses shall not apply to crimes and offenses committed before the effective date of Title 18 (relating to crimes and offenses) and the prior statutes of limitation are hereby continued in force as to such crimes and offenses.
§ 26. Repeals and related provisions.
(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.
§ 23. Confinement of children with adults.
Until December 31, 1979, a child may be detained in a facility with adults if there is no appropriate facility available within a reasonable distance or a contiguous county, whichever is nearer, for the detention of the child in which case the child shall be kept separate and apart from such adults at all times and shall be detained under such circumstances for not more than five days.
§ 25. Confinement of children in jails.
Until December 31, 1979, a jail may be used for the detention of a child who is alleged to be delinquent but only if the detention is necessary for the safety of the public and if the jail has been approved for the detention of the child by the Department of Public Welfare in good faith and the detention has been ordered by the court pursuant to Chapter 63 of Title 42 of the Pennsylvania Consolidated Statutes (relating to juvenile matters). The Department of Public Welfare shall approve for use for purposes of and in accordance with the provisions of this section any jail which it finds maintains, for the detention of the child, an appropriate room under adequate supervision: Provided, That the Department of Public Welfare shall have, no later than October 2, 1977, by regulation promulgated standards governing the operations of such portions of such jails as are used for the detention of children pursuant to this section and shall cause the jails to be inspected by the Department of Public Welfare at least once every six months until this confinement is terminated in accordance with provisions in this act.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
§ 27. Required county detention services.
(a) General rule.--
Each county, acting alone or in conjunction with other counties as provided in section 28, shall by December 31, 1978, submit to the Department of Public Welfare for approval a plan for the removal of children from adult facilities. If no such plan is submitted or accepted by the department within the allocated period, the department, after determining the detention needs of individual counties, shall thereafter take whatever steps it deems necessary to provide the required detention services for any such county or counties; including the construction of a regional detention facility to meet the needs of the counties insofar as is consistent with prohibitions against the use of adult facilities for juvenile offenders as provided in Chapter 63 of Title 42 of the Pennsylvania Consolidated Statutes (relating to juvenile matters). The department, after exhausting all other available funds including Law Enforcement Assistance Administration funds and any other Federal or State funds available for such purpose, shall charge the cost of establishing the necessary regional detention facilities to the counties that will utilize its services.
(b) Charges imposed upon counties.--
The amount due the Commonwealth for the services or facilities provided pursuant to subsection (a) shall be paid by the county within 15 months after receipt of notice of the amount due. In determining the amount which each county shall be charged for the establishment of a regional detention facility, the department shall take into account the extent to which the participating counties shall utilize the facilities.
(c) Limitation on charges.--
Except as provided in subsection (d), the charges made by the department against any county pursuant to this subsection shall not exceed $50,000.
(d) Additional charges.--
In addition to the charges authorized for the providing of regional detention facilities and notwithstanding the limitations on such charges set forth in subsection (c), the Commonwealth shall be entitled to an additional amount for providing such facilities equivalent to 7% of the costs imposed on the county.
(e) Disposition of charges.--
All sums collected from the counties pursuant to this subsection shall be paid into the General Fund and credited to the Department of Public Welfare.
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.
§ 28. Regional detention facilities.
(a) General rule.--
Where the operation of an approved detention facility by a single county would not be feasible, economical or conducive to the best interest of a child needing detention care, the Department of Public Welfare shall:
(1) Make provisions directly or by contract with a single county for the implementation and operation, in accordance with the regulations promulgated by the Department of Public Welfare, of regional detention facilities serving the needs of two or more counties.
(2) Arrive at mutually agreeable arrangements with counties participating in the use of such regional detention facilities for the equitable sharing in the costs of constructing and operating such regional detention facilities, including necessary expenditures to transport children and, if financially indigent, their parents, guardians, or custodians to and from such regional detention facilities with funds contributed by the State and by such counties. The department shall only operate a regional detention facility, established under section 27(a), upon refusal of the counties participating in its use to operate the facility pursuant to department regulations.
(b) Use of Commonwealth facilities.--
The Department of General Services shall make available any vacant Commonwealth building which the Department of Public Welfare certifies as appropriate for renovation as a regional detention facility.
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.
§ 31. County liability for new shelter care program operating costs.
Excluding probation services, no county shall be required to pay more than 10% of the costs of operating new shelter care programs required to implement the reclassification provided for in paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302 (relating to definitions), provided that:
(1) the county has applied for existing Federal funds to implement paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302;
(2) the county has not been deemed ineligible for these Federal funds; and
(3) the programs are approved as necessary by the Department of Public Welfare to implement paragraph (6) of the definition of "dependent child" in 42 Pa.C.S. § 6302.
For the purposes of this section, shelter care shall not include institutional facilities.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
§ 41. Applicability of Statutory Construction Act (Repealed).
1980 Repeal.
Section 41 was repealed October 5, 1980, P.L.693, No.142, effective in 60 days.
§ 42. Political subdivision effective date.
(a) General rule.--
Notwithstanding section 29(3) of the act of July 9, 1976 (P.L.586, No.142), known as the "Judiciary Act of 1976," the provisions of said act relating to budgeting and financial matters shall take effect as to political subdivisions with respect to fiscal years commencing on or after July 1, 1978.
(b) Effective date of section.--
This section shall take effect immediately.
§ 43. Effective date.
Except as otherwise provided in this act, this act shall take effect 60 days after final enactment.
1978, NOVEMBER 26, P.L.1264, NO.301
§ 4. Election of additional judges.
(a) General rule.--
At the municipal election in November 1979, the qualified electors of the judicial districts in which the judges authorized herein are added shall elect, in the same manner prescribed by law for the election of president judge of the court of common pleas of the districts, competent persons learned in the law to serve as additional law judges of the court of common pleas of the respective judicial districts from the first Monday in January 1980, for terms of ten years each. The offices hereby created shall come into existence on the first Monday of January 1980. Vacancies in the offices hereby created whether caused by death, resignation, expiration of term or otherwise shall be filled in the same manner as is required by law in case of similar vacancies in the office of president judge of the courts.
(b) Other provisions inapplicable.--
The provisions of 42 Pa.C.S. § 3135 (relating to increase in number of judges) shall not apply to the additional judges herein authorized.
Explanatory Note.
Act 301 amended section 911 of Title 42.
1979, JULY 20, P.L.157, NO.52
§ 8. Savings provision.
The provisions of this amendatory act shall not affect any act done, liability or cost incurred or right accrued or vested or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of any statutory provisions amended by this act.
Explanatory Note.
Act 52 amended, added or repealed sections 102, 1515, 1722, 1725.1, 1725.2, 3113, 3118, 3302, 3571, 4102, 4122 and 4123 of Title 42.
1980, JUNE 26, P.L.266, NO.78
§ 5. Applicability and implementation.
This act shall apply and be implemented as follows:
(1) This act shall apply in all counties on and after January 1, 1981.
(2) By order of the president judge of the court of common pleas, this act, except 42 Pa.C.S. § 4561 (relating to compensation of jurors), may be put into effect in the respective county, in whole or in part or in successive stages, at any time prior to January 1, 1981.
(3) Encumbent jury commissioners shall continue in office until successors are duly qualified.
Explanatory Note.
Act 78 amended or added sections 2121, 2122, 2123 and 3531 and added the provisions of Chapter 45 of Title 42.
§ 6. Validity of interim proceedings.
Proceedings occurring on and after the effective date of this act and prior to January 1, 1981, which relate to matters affected by this act shall be valid if conducted in a manner that would be or was authorized either under this act or any act or part of an act repealed or superseded by this act or repealed or suspended by the act of April 28, 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act."
1980, OCTOBER 5, P.L.693, NO.142
§ 101. Short title.
This act shall be known and may be cited as the "JARA Continuation Act of 1980."
§ 210. Codification of Act No. 1978-140.
* * *
(d) Construction of section.--
Notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of subsections (a) through (c) to restore such provisions to their status prior to the partial repeal effected by section 5 of the act of July 8, 1978 (P.L.752, No.140), known as the "Public Employee Pension Forfeiture Act," except as otherwise expressly provided by such provisions as reenacted and amended hereby.
(e) Retroactivity.--
The provisions of this section shall be retroactive to the effective date of the "Public Employee Pension Forfeiture Act."
Explanatory Note.
Section 210(a), (b) and (c) reenacted and amended section 8533 of Title 24 (Education), section 8124(b) of Title 42 and section 5953(a) of Title 71 (State Government), respectively.
§ 216. Codification of Act Nos. 1978-271 and 1979-50.
(a) Investigating grand juries.--
(1) Renumbering.--
In printing the Laws of Pennsylvania and the Pennsylvania Consolidated Statutes the Legislative Reference Bureau pursuant to 1 Pa.C.S. § 1105(d)(1) shall renumber Subchapters D and E of Chapter 45 and sections 4541 and 4542 of Title 42, as added by the act of June 26, 1980 (P.L.266, No.78), as Subchapters E and F and sections 4531 and 4532, respectively.
* * *
Explanatory Note.
Section 216(a)(2) added Subchapter D of Chapter 45 of Title 42.
§ 218. Codification of Act No. 1978-319.
* * *
(b) Initial sentencing guidelines.--
The Pennsylvania Commission on Sentencing shall adopt and publish in the Pennsylvania Bulletin pursuant to 42 Pa.C.S. § 2155(a)(2) (relating to publication of guidelines for sentencing) the initial sentencing guidelines within 18 months of the first meeting of the commission. The provisions of 18 Pa.C.S. § 1386 (redesignated by this act as 42 Pa.C.S. § 9781) (relating to appellate review of sentence) shall take effect upon the effective date of such initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c) (relating to effective date).
(c) Severability.--
(Repealed).
(d) Repealer.--
Subchapter G of Chapter 13 (relating to Pennsylvania Commission on Sentencing) of Title 18, and sections 7 and 8(a) and (b) of the act of November 26, 1978 (P.L.1316, No.319), entitled "An act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for sentencing and providing for alteration of identification marks on personal property," are repealed except as follows:
(1) Section 1386 is hereby expressly saved from repeal and shall be redesignated as provided by Article IV of this act.
(2) The original terms of members of the Pennsylvania Commission on Sentencing shall be staggered as provided by the former provisions of 18 Pa.C.S. § 1381(a) (relating to composition).
(e) Expiration.--
(Repealed).
(Apr. 30, 1986, P.L.135, No.41, eff. May 1, 1986)
1986 Repeal.
Section 5 of Act 41 repealed subsecs. (c) and (e).
Explanatory Note.
Section 218(a) added Subchapter F of Chapter 21 of Title 42. The subject matter was formerly contained in Subchapter G of Chapter 13 of Title 18 (Crimes and Offenses).
Initial Sentencing Guidelines.
The initial sentencing guidelines, as revised, were adopted by the commission on January 5, 1982, and published in 12 Pa. B. 431 et seq. on January 23, 1982, and became effective July 22, 1982, as a result of the failure of the General Assembly to reject them in their entirety by concurrent resolution within 90 days of their publication. The guidelines are contained in 204 Pa. Code § 303.1 et seq.
§ 221. Codification of Act Nos. 1978-330, 1978-152 and 1980-43.
* * *
(i) Six months limitation.--
* * *
(2) Construction of amendment.--
Notwithstanding 1 Pa.C.S. § 1957 (relating to ineffective provisions not revived by reenactment in amendatory statutes), it is hereby declared to be the intent of paragraph (1) to restore 42 Pa.C.S. § 5522 (relating to six months limitation) to its status prior to the repeal effected by section 802(b) of the act of November 26, 1978 (P.L.1399, No.330), known as the "Political Subdivision Tort Claims Act," except as otherwise expressly provided by such section as reenacted and amended hereby.
(j) References in repealed statute.--
References in the act of September 28, 1978 (P.L.788, No.152), to "this act" and to "42 Pa.C.S. § 5110" shall be deemed to be references to Subchapter B of Chapter 85 (relating to actions against Commonwealth parties) of Title 42.
* * *
Explanatory Note.
Section 221, among other things, repealed and added section 5522, repealed sections 5110 and 5111 and repealed and added Chapter 85 of Title 42.
§ 333. Language added by Act No. 1978-330.
* * * Actions under Subchapter C of Chapter 85 (relating to actions against local parties) of Title 42 of the Pennsylvania Consolidated Statutes for claims against a local agency may be brought in and only in a county in which the local agency is located or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. No interest shall accrue in any such action prior to any entry of judgment. A local agency may intervene in any action brought against an employee thereof for damages on account of an injury to a person or property based on claims arising from, or reasonably related to, the office or the performance of the duties of the employee.
Explanatory Note.
Section 333 repealed the act of November 26, 1978, P.L.1399, No.330, known as the Political Subdivision Tort Claims Act.
§ 401. Transfer of Chapter 13 of Title 18 to Title 42.
* * *
(b) Renumbering.--
In printing the Laws of Pennsylvania for the 1979-1980 Sessions of the General Assembly and the Pennsylvania Consolidated Statutes the Legislative Reference Bureau shall change any reference or citation to the Sentencing Code to conform to the change in title and chapter number effected by subsection (a).
Explanatory Note.
Section 401(a) amended and renumbered Chapter 13 of Title 18 (Crimes and Offenses) to Chapter 97 of Title 42.
§ 501. Miscellaneous amendments to Title 42.
* * *
(b) Statutory arbitration.--
The provisions of 42 Pa.C.S. § 7302(d)(2) (relating to special application) shall be applicable to any nonjudicial arbitration pursuant to:
(1) An agreement made prior to the effective date of this act which expressly provides that it shall be interpreted pursuant to the law of this Commonwealth and which expressly provides for statutory arbitration.
(2) An agreement heretofore or hereafter made which expressly provides for arbitration pursuant to the former provisions of the act of April 25, 1927 (P.L.381, No.248), relating to statutory arbitration.
* * *
Explanatory Note.
Section 501(a), among other things, added section 7302 of Title 42.
§ 601. Applicability of Statutory Construction Act (Repealed).
1982 Repeal.
Section 601 was repealed December 20, 1982, P.L.1409, No.326, effective in 60 days.
§ 602. Effect of Article III.
Article III of this act shall be deemed a part of section 2(a) of the act of April 28, 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act" for purposes of section 3 of that act.
Explanatory Note.
Article III repealed inconsistent legislation of the 1977-1980 General Assemblies.
1982, DECEMBER 20, P.L.1409, NO.326
§ 101. Short title.
This act shall be known and may be cited as the "JARA Continuation Act of 1982."
§ 401. Applicability of Statutory Construction Act.
This act is intended to integrate into Title 42 of the Pennsylvania Consolidated Statutes all relevant legislation of the 1979-1981 General Assemblies through Act No. 1981-18. The provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1974 (relating to effect of separate repeals on code provisions by same General Assembly) shall not be applicable to any act of the 1979-1981 General Assemblies through Act No. 1981-18 insofar as relates to Title 42 of the Pennsylvania Consolidated Statutes. Section 601 of the act of October 5, 1980 (P.L.693, No.142), known as the "JARA Continuation Act of 1980," is repealed.
§ 402. Effect of Article III.
Article III of this act shall be deemed a part of section 2(a) of the act of April 28, 1978 (P.L.202, No.53), known as the "Judiciary Act Repealer Act," for purposes of section 3 of that act.
Explanatory Note.
Article III repealed inconsistent legislation.
§ 403. Applicability of amendments.
Except as provided in section 404, the amendments to 42 Pa.C.S. Ch. 55 (relating to limitation of time) effected by this act shall apply only to causes of action which accrue after the effective date of this act.
§ 404. Effective date.
This act shall take effect in 60 days except that:
(1) The amendment adding 42 Pa.C.S. § 762(a)(1)(ii) (relating to appeals from courts of common pleas) shall take effect immediately and shall be retroactive to December 5, 1980.
(2) The amendments to 42 Pa.C.S. §§ 4303(a) (relating to effect of judgments and orders as liens), 5501(a) (relating to scope of chapter) and 8301 (relating to death action) effected by this act shall take effect immediately and shall be retroactive to June 27, 1978.
1984, JULY 10, P.L.708, NO.150
§ 3. Election of additional judges.
The vacancies created by the new judgeships added by section 1 of this act shall be filled by election at the first municipal election occurring after the effective date of this act, except that the vacancies created in the fifth, twenty-fourth and thirty-second judicial districts shall be filled pursuant to 42 Pa.C.S. § 3135 (relating to increase in number of judges).
Explanatory Note.
Act 150 amended or added sections 911, 4122 and 4124 of Title 42.
1986, APRIL 30, P.L.135, NO.41
§ 6. Effect on existing guidelines, rules, regulations and members.
(a) Guidelines, rules and regulations.--
Each guideline, rule and regulation of the commission in effect on the effective date of this act shall remain in effect after such date until amended by the commission, provided that the commission shall immediately initiate the repeal or amendment of any rule or regulation which is inconsistent with the provisions of this act.
(b) Members.--
Members of the Pennsylvania Commission on Sentencing constituted under 42 Pa.C.S. § 2152 (relating to composition of commission), as of the effective date of this act, shall continue to serve as members until their present terms of office expire, provided that any present commission member whose term has expired on or before the effective date of this act shall serve until a successor has been appointed and qualified, but no longer than six months after the effective date of this act.
Explanatory Note.
Act 41 reestablished the Pennsylvania Commission on Sentencing and amended or added sections 2151, 2152, 2153 and 2156 of Title 42.
§ 7. Reestablishment of Pennsylvania Commission on Sentencing.
This act, with respect to the Pennsylvania Commission on Sentencing, constitutes the legislation required to reestablish an agency under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act.
§ 8. Effective date.
This act shall take effect May 1, 1986.
1986, DECEMBER 22, P.L.1744, NO.213
§ 2. Election of additional judges.
The vacancies created by the new judgeships added by section 1 of this act shall be filled pursuant to 42 Pa.C.S. § 3135 (relating to increase in number of judges), except that the vacancies created in the fourteenth, twenty-third, thirty-second, thirty-third, thirty-eighth, forty-second and forty-fifth judicial districts shall be filled by election at the first municipal election occurring after the effective date of this act.
Explanatory Note.
Act 213 amended section 911 of Title 42.
§ 3. Applicability.
This act shall apply to the twenty-sixth judicial district on January 1, 1989.
1988, MARCH 22, P.L.240, NO.26
§ 2. Legislative review of sentencing guidelines.
Any sentencing guidelines adopted by the Pennsylvania Commission on Sentencing and disapproved by the General Assembly prior to the effective date of this act shall be deemed null and void upon the adoption of sentencing guidelines subsequent to the effective date of this act and pursuant to this section. Notwithstanding the requirements set forth in 42 Pa.C.S. § 2155 (relating to publication of guidelines for sentencing), those guidelines published in the Pennsylvania Bulletin on December 5, 1987, and adopted by the commission on February 22, 1988, shall be submitted to the standing committee of each house of the General Assembly which has been designated to perform the responsibilities established pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, relevant to the commission within five days of the effective date of this act; and the General Assembly may, by concurrent resolution, reject in their entirety said guidelines within 30 days from the date that said guidelines are submitted to the designated standing committee of each house of the General Assembly, and said guidelines shall become effective 30 days after such submittal unless disapproved pursuant to this section. The guidelines shall apply to all offenses committed on or after the effective date of the adopted guidelines.
Explanatory Note.
Act 26 amended section 2155 of Title 42.
1990, DECEMBER 7, P.L.619, NO.159
§ 2. Judgeships in First Judicial District.
The first judges elected to the five judgeships in the First Judicial District established by section 1 shall, for five years, devote their full time to presiding over criminal cases involving violations of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, and other related offenses.
Explanatory Note.
Act 159 amended section 911 of Title 42.
§ 3. Filling of new judgeships.
(a) Election.--
Except as provided in subsection (b), the vacancies created by the new judgeships added by section 1 (section 911) shall be filled by election at the first municipal election occurring after the effective date of this act.
(b) Appointment.--
The new judgeship added by section 1 (section 911) in the Seventh Judicial District shall be filled by appointment of the Governor.
1992, DECEMBER 18, P.L.1269, NO.167
§ 5. Increases in court costs.
(a) Applicability.--
The increases in court costs authorized by this act and their corresponding inflators that are payable to the Commonwealth shall be exempt from the provisions of 42 Pa.C.S. § 3733(a). The balance of the court costs payable to the Commonwealth and their corresponding inflators shall be subject to the provisions of 42 Pa.C.S. § 3733(a).
(b) Distribution of partial payments.--
Any partial payment of court costs shall be distributed on a pro rata basis among those entitled to receive such costs.
Explanatory Note.
Act 167 amended or added sections 1515, 1725.1, 1726 and 3571, Subchapter F of Chapter 35 and section 9730 of Title 42 and section 153 of Title 15 (Corporations and Unincorporated Associations).
§ 6. Revision of official revenue estimate.
Notwithstanding any other provisions of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, to the contrary, the Department of Revenue, in conjunction with the Secretary of the Budget, may, within 60 days of the effective date of this act, revise the official revenue estimate for the Commonwealth to account for additional revenues anticipated to be generated by changes to court costs included in this act.
§ 8. Commencement of compensation increases.
Any increase in the compensation of any official provided for in this act shall commence when permitted by the Constitution of Pennsylvania.
1993, JULY 2, P.L.395, NO.56
§ 10. Transition provisions.
(a) Members, proceedings and records of Judicial Inquiry and Review Board.--
The members of the Judicial Inquiry and Review Board shall vacate their offices on the effective date of this act, and all proceedings pending before the Judicial Inquiry and Review Board and all records shall be transferred to the Judicial Conduct Board for further proceedings.
(b) Transfers to new board and court.--
There are hereby transferred to the Judicial Conduct Board to be used, employed and expended in connection with the functions, powers and duties of the board, the personnel, contract obligations, if any, files, property and equipment of the Judicial Inquiry and Review Board and two-thirds of the unexpended balances of appropriations, allocations or other funds available or to be made available to the Judicial Inquiry and Review Board for the 1992-1993 and 1993-1994 fiscal years. There are hereby transferred to the Court of Judicial Discipline to be used, employed and expended in connection with the functions, powers and duties of the court, one-third of the unexpended balances of appropriations, allocations or other funds available or to be made available to the Judicial Inquiry and Review Board for the 1992-1993 and 1993-1994 fiscal years.
Explanatory Note.
Act 56 amended, added or repealed sections 725 and 727, Article F of Subpart A of Part II, section 1722, Subchapter A of Chapter 21, section 3305, the heading of Subchapter C of Chapter 33 and sections 3331, 3332, 3333, 3334, 3352, 3571 and 4581 of Title 42.
§ 11. Terms of initial members of Judicial Conduct Board.
Of the members initially appointed to the Judicial Conduct Board, the judge appointed by the Supreme Court shall serve a four-year term and the judge appointed by the Governor shall serve a three-year term. The district justice initially appointed shall serve a two-year term. Of the three nonjudge members of the bar of this Commonwealth initially appointed, the first appointed by the Governor shall serve a three-year term, the next appointed by the Governor shall serve a two-year term and the nonjudge member of the bar of this Commonwealth appointed by the Supreme Court shall serve a one-year term. Of the six nonlawyer electors initially appointed, the first appointed by the Governor and the first appointed by the Supreme Court shall serve a four-year term, the next appointed by the Governor and the next appointed by the Supreme Court shall serve a three-year term and the next appointed by the Governor and the next appointed by the Supreme Court shall serve a two-year term. All such appointments shall compute from the effective date of this act. The Governor shall convene the board for its first meeting.
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.
§ 12. Terms of initial members of Court of Judicial Discipline.
Of the three judges initially appointed to the Court of Judicial Discipline, the first appointed by the Supreme Court shall serve a four-year term, the next appointed by the Supreme Court shall serve a three-year term and the judge appointed by the Governor shall serve a two-year term. The district justice initially appointed shall serve a one-year term. Of the nonjudge members of the bar of this Commonwealth initially appointed, the first appointed shall serve a four-year term and the next appointed shall serve a three-year term. Of the two nonlawyer electors initially appointed, the nonlawyer elector appointed by the Governor shall serve a three-year term and the nonlawyer elector appointed by the Supreme Court shall serve a two-year term. All such appointments shall compute from the effective date of this act.
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.
1994, APRIL 21, P.L.131, NO.17
Preamble
The General Assembly finds and declares as follows:
(1) For the health, safety and welfare of the residents of this Commonwealth, the laws designed to deter the defacement of public and private property through the use of aerosol spray-paint cans, broad-tipped indelible markers and other marking devices should be strengthened.
(2) Where appropriate, the court should require those who commit acts of defacement to restore the damaged property to its original condition.
Explanatory Note.
Act 17 amended section 3304 of Title 18 and added section 9720 of Title 42.
1995, JUNE 13, 1st SP.SESS., P.L.1024, NO.17
Preamble
The General Assembly hereby declares that the purpose of this act is to provide support to law enforcement in the area of crime prevention and control, that it is not the purpose of this act to place any undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, transfer, transportation or use of firearms, rifles or shotguns for personal protection, hunting, target shooting, employment or any other lawful activity, and that this act is not intended to discourage or restrict the private ownership and use of firearms by law-abiding citizens for lawful purposes or to provide for the imposition by rules or regulations of any procedures or requirements other than those necessary to implement and effectuate the provisions of this act. The General Assembly hereby recognizes and declares its support of the fundamental constitutional right of Commonwealth citizens to bear arms in defense of themselves and this Commonwealth.
Explanatory Note.
Act 17 amended, added, reenacted or repealed sections 913, 6101, 6102, 6103, 6104, 6105, 6106.1, 6107, 6109, 6110, 6110.1, 6111, 6111.1, 6111.2, 6111.3, 6111.4, 6111.5, 6112, 6113, 6114, 6115, 6116, 6117, 6118 and 6125 of Title 18 and sections 6308 and 9712 of Title 42.
1995, OCTOBER 11, 1st SP.SESS., P.L.1058, NO.21
§ 5. Projected increases in State prison population.
Within 180 days of the effective date of this act, the Pennsylvania Commission on Sentencing shall, for the purpose of advising the General Assembly concerning future prison construction expenditures, publish projected increases in the State prison population resulting from implementation of this act.
Explanatory Note.
Act 21 amended section 1103 of Title 18 and sections 6335, 9712, 9713 and 9714 of Title 42.
1995, NOVEMBER 17, 1st SP.SESS., P.L.1118, NO.32
§ 3. Applicability.
This act shall apply as follows:
(1) The amendment of 42 Pa.C.S. §§ 9542, 9543, 9544, 9545 and 9546 shall apply to petitions filed after the effective date of this act; however, a petitioner whose judgment has become final on or before the effective date of this act shall be deemed to have filed a timely petition under 42 Pa.C.S. Ch. 95 Subch. B if the petitioner's first petition is filed within one year of the effective date of this act.
(2) The addition of 42 Pa.C.S. Ch. 95 Subch. D shall apply in all cases in which the death penalty is imposed on or after January 1, 1996.
Explanatory Note.
Act 32 amended or added sections 9542, 9543, 9544, 9545 and 9546 and Subchapter D of Chapter 95 of Title 42.
1997, FEBRUARY 14, P.L.3, NO.2
§ 2. Election of additional judges.
(a) Applicability of section 3135.--
The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a).
(b) Judgeships created January 5, 1998.--
Except as provided in subsections (c) and (d), the new judgeships added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 1998, and shall be initially filled by election at the 1997 municipal election.
(c) Judgeships created January 3, 2000.--
The new judgeships for the eleventh, twelfth, twenty-third, forty-third, fiftieth and fifty-seventh districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election.
(d) Judgeships in second and fifteenth districts.--
The new judgeships for the second and fifteenth districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created as follows: one judgeship in each district shall be created on January 5, 1998, and shall be initially filled by election at the 1997 municipal election, and one judgeship in each district shall be created on January 3, 2000, and shall be initially filled by election at the 1999 municipal election.
Explanatory Note.
Act 2 amended sections 911, 1121 and 1321 of Title 42.
1999, JUNE 22, P.L.75, NO.12
Preamble
Pursuant to the Judiciary Article of the Constitution of Pennsylvania and its establishment of the Unified Judicial System and consistent with the authority of the General Assembly regarding expenditure of Commonwealth funds pursuant to Article III, section 24, and while otherwise expressly reserving its appropriation and other legislative authority as to the funding of the Unified Judicial System, it is the intent of the General Assembly to facilitate the administration of the Unified Judicial System by providing for inclusion of key designated county-level court administrators and their designated deputies, associates and assistant administrators and special courts administrators within the State judicial personnel system and for their compensation by the Commonwealth.
Explanatory Note.
Act 12 added section 1905, the heading of Subchapter A and Subchapters B through I (Reserved) and J of Chapter 23 of Title 42 and amended or added sections 5102, 5301, 5302, 5303, 5303.1, 5304, 5306, 5308, 5309, 5504, 5505, 5507, 5705, 5903, 5905, 5905.1, 5906, 5907, 5934 and 5953.5 of Title 71 (State Government).
§ 18. Applicability to county court administrators.
This act shall apply to the county employees who become State employees pursuant to 42 Pa.C.S. § 1905.
§ 19. Required membership in State Employees' Retirement System.
County employees transferred to State employment pursuant to 42 Pa.C.S. § 1905 who are annuitants of the State Employees' Retirement System shall be required to be active members of the State Employees' Retirement System and shall have their annuities stopped pursuant to 71 Pa.C.S. §§ 5301(d) and 5706, governing annuitants of the State Employees' Retirement System who return to State service. Upon subsequent termination and application for annuity, the transferred State Employees' Retirement System annuitants shall have their benefits calculated according to the provisions of 71 Pa.C.S. Pt. XXV, regarding annuities after subsequent termination. For purposes of calculating eligibility points for the application of 71 Pa.C.S. § 5706(c)(1), only eligibility points earned after the date of transfer may be included unless the member has converted county service to State service pursuant to 71 Pa.C.S. § 5303.1. If a former annuitant has converted county service to State service, the eligibility points subsequent to the most recent receipt of an annuity that is not returned to the State Employees' Retirement System as a result of the converted service shall also be included in calculating the eligibility points under 71 Pa.C.S. § 5706(c)(1).
§ 20. Membership terms and conditions.
Except as otherwise set forth in this act, county employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 shall be subject to the terms and conditions of 71 Pa.C.S. Pt. XXV in the same manner and extent as any other individual commencing State employment who is eligible for the benefits and obligations of Class A membership with a superannuation age of 60 years.
§ 21. Notification of transfer and certification of credited service.
Upon the filing by a county employee transferred to State employment pursuant to 42 Pa.C.S. § 1905 of an election to convert county service to State service, the State Employees' Retirement Board shall notify the appropriate county retirement system or pension plan administrator. Within 30 days of notification, the county retirement system or pension plan administrator shall certify to the State Employees' Retirement Board the total amount of service credited to the electing member's account, and such information on how it was earned or acquired, in the county retirement system or pension plan, including, but not limited to, the nature of the underlying service or legal authority on which the credit was based and the dates covered by the credit as requested by the State Employees' Retirement Board. The administrators, employees, trustees and fiduciaries of all retirement systems or pension plans operated for the transferred employees shall provide whatever information and records are requested by the State Employees' Retirement System within 30 days of the request for the transferred employees. If a county retirement system or pension plan fails to provide the information required by this section, the county shall be subject to a penalty of $100 per day for each of the transferred employees until the information is provided.
§ 22. Termination of employment and continuation of contributions in county retirement system.
(a) Termination of employment by transferred employee.--
County employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 shall have their county employment by virtue of judicial system employment terminated effective the day before the transfer. No further rights in any county retirement system by virtue of employment with the State shall accrue, but such transferred member shall have the rights, privileges and obligations in the retirement system of the county enjoyed by any other involuntarily terminated employee who is a member of that plan of the same gender and with the same age, years of service, compensation, contributions and other factors that enter into the calculation of benefits.
(b) Contributions left in county retirement system.--
Notwithstanding subsection (a) or any other provision of this act, including, but not limited to, the addition of 71 Pa.C.S. §§ 5301(e) and 5303.1(d) and section 23 of this act, and notwithstanding any other provision of law, ordinance, collective bargaining agreement, arbitration award, contract or term or condition of any retirement system or pension plan, any transferred member who elects to convert county service to State service may elect to leave in the county retirement system or pension plan any contributions of whatever nature made by the employee, including, but not limited to, pickup contributions, and any interest paid on those contributions. Upon making such an election, the retirement system or pension plan shall treat the contributions and interest as if the member had remained in full-time active service as an employee of the county for the period the transferred employee is a State employee, including the crediting of interest if and as otherwise provided for by the retirement system or pension plan. Upon termination of State service, the transferred employee may make application to the county pension plan or retirement system as if the transferred employee was terminating county service and shall be granted whatever rights and benefits, including an immediate lump sum distribution or an annuity from the county pension plan or retirement system equal to the contributions and interest in the member's account with the county, provided to a terminating member with the age and service the member would have possessed had the member remained a full-time employee of the county. Such election must be in writing filed with the administrator of the county pension plan or retirement system from which the county service is being converted and must be made within 30 days after the election to convert county service to State service.
§ 24. Transfer of inactive participants or contributors or employees on leave.
For purposes of this act, any county employee who is transferred to State employment pursuant to 42 Pa.C.S. § 1905, who is on leave at the time of the transfer or who is not an active participant or contributor to the county retirement system or pension plan but is still an employee of the county judicial system at the time of the transfer shall be deemed an active member for purposes of the implementation of this act and the elections required herein.
§ 28. Nonseverability or invalidation.
(a) General rule.--
The General Assembly declares that the provisions of this act are expressly nonseverable and that in the event a court of competent jurisdiction rules finally that any provision mandated in this act is legally or constitutionally impermissible, this entire act shall be void.
(b) Invalidation by judicial action.--
This entire act shall be void if the provisions of 42 Pa.C.S. § 1905(d)(1) are:
(1) suspended by the judiciary;
(2) superseded by rule of court promulgated hereafter;
(3) ruled finally by a court of competent jurisdiction to be regulation of the practice of law; or
(4) otherwise rendered inoperative by judicial action.
2000, DECEMBER 20, P.L.721, NO.98
Preamble
It is the intent of the General Assembly to protect our most vulnerable and precious citizens, the Commonwealth's children, from the ravages of sexual abuse. Because sexual crimes committed against children are among the most heinous imaginable, the General Assembly declares it to be in the public interest to enact this act.
Explanatory Note.
Act 98 amended sections 2902, 2903 and 5903 of Title 18 and added section 9718.1 of Title 42.
§ 3. Applicability.
This act shall apply as follows:
(1) The amendment of 18 Pa.C.S. §§ 2902, 2903 and 5903(h)(2) and the addition of 42 Pa.C.S. § 9718.1 shall apply to offenses committed on or after the effective date of this act.
(2) The addition of 42 Pa.C.S. § 9718.1 shall not preclude consideration of the factors set forth in that section in granting or denying parole for offenses committed before the effective date of this act, except to the extent that consideration of such factors is precluded by the Constitution of the United States or the Constitution of the Commonwealth of Pennsylvania.
2000, DECEMBER 20, P.L.742, NO.105
§ 7. Election of additional judges.
(a) Application of section 3135.--
The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a).
(b) Creation and filling of new judgeships.--
(1) Except as provided in paragraphs (2), (3), (4) and (5), the new judgeships added by the amendment of 42 Pa.C.S. §911(a) shall be created on January 2, 2002, and shall be initially filled by election at the 2001 municipal election.
(2) The new judgeships for the second district added by the amendment of 42 Pa.C.S. § 911(a) shall be created as follows:
(i) One judgeship shall be created on January 2, 2002, and shall be initially filled at the 2001 municipal election.
(ii) One judgeship shall be created on January 5, 2004, and shall be initially filled at the 2003 municipal election.
(3) The new judgeships for the fifteenth district added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 2004, and shall be initially filled at the 2003 municipal election.
(4) The new judgeship for the thirty-first district added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 2004, and shall be initially filled at the 2003 municipal election.
(5) The new judgeship for the nineteenth district added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 2004, and shall be initially filled at the 2003 municipal election.
Explanatory Note.
Act 105 added or amended sections 911, 914, 2737.1, 3721, 4545, 5945.1, 5945.2 and 8124 of Title 42.
Creation of Judgeships.
Section 3 of Act 113 of 2001 provided that notwithstanding the provisions of section 7(b)(1) and (2)(i) of Act 105, the new judgeships authorized by section 911(a) of Title 42 and initially filled by election at the 2001 municipal election shall be created on January 7, 2002.
2001, JUNE 22, P.L.388, NO.28
§ 2. Election of additional judges.
(a) Application of section 3135.--
The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of the judge for the judgeship created by the addition of 42 Pa.C.S. § 911(a.1).
(b) Creation and filling of new judgeships.--
The new judgeship added by the addition of 42 Pa.C.S. § 911(a.1) shall be created on January 7, 2002, and shall be initially filled by election at the 2001 municipal election.
(c) Judgeships in fourteenth district.--
Notwithstanding any other provision of law to the contrary, the person or persons nominated in the primary election held for a judgeship in the Fourteenth Judicial District on May 15, 2001, shall be deemed to have been nominated for the new judgeship added by the addition of 42 Pa.C.S. § 911(a.1).
(d) Application of Pennsylvania Election Code.--
Except as provided by subsection (c), the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, shall apply to the election for the newly created judgeship.
Explanatory Note.
Act 28 amended section 911 of Title 42.
§ 3. Legislative findings.
The General Assembly finds and declares as follows:
(1) Acting pursuant to the duties prescribed in section 903 of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, the Secretary of the Commonwealth determined that an election should be held in 2001 for the office of Judge of the Court of Common Pleas of the Fourteenth Judicial District. The secretary made her determination in accordance with the Constitution of Pennsylvania by anticipating the mandatory retirement of a commissioned judge of the Court of Common Pleas of the Fourteenth Judicial District then scheduled to occur on the judge's 70th birthday on January 6, 2002, prior to the first Monday in January in the year following the municipal election. The primary for that election was held as directed by the secretary on May 15, 2001.
(2) As a result of the approval of the electors on May 15, 2001, of an amendment to section 16(b) of Article V of the Constitution of Pennsylvania altering the dates on which a justice, judge or district justice must retire from the date of his 70th birthday to the last day of the calendar year on which he reaches his 70th birthday, the secretary can no longer legally anticipate the mandatory retirement of a judge of the Court of Common Pleas of the Fourteenth Judicial District by reason of age prior to the first Monday in January 2002, the date on which a newly elected judge would commence his elective term.
(3) For these reasons, the election for the judgeship on the Court of Common Pleas of the Fourteenth Judicial District previously designated by the secretary to be conducted in the municipal election scheduled for November 7, 2001, shall be cancelled.
(4) Because the primary election conducted May 15, 2001, in the Fourteenth Judicial District was properly conducted in ordinary course for an anticipated vacancy on the court of common pleas that now cannot proceed based on a change in the Constitution of Pennsylvania, it is proper and in the public interest that the person or persons nominated in the primary election held for a judgeship in the Fourteenth Judicial District on May 15, 2001, be deemed to have been nominated for the new judgeship as provided by section 2(c) of this act.
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.
2001, JUNE 25, P.L.697, NO.66
Preamble
The General Assembly finds and declares as follows:
(1) The willingness of antidrug and town-watch volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers.
(2) The contributions of antidrug and town-watch programs, activities and services to communities are diminished by the resulting unwillingness of individuals to serve either as volunteers or as officers, directors and trustees of nonprofit public and private organizations.
(3) It is in the public interest to strike a balance between the right of a person to seek redress for injury and the right of an individual to freely give time and energy without compensation as a volunteer working to reduce crime and drug use in the community, without fear of personal liability for acts undertaken in good faith, absent willful or wanton conduct on the part of the volunteer.
(4) This act is intended to encourage volunteers to contribute their services to reduce the amount of crime and drug use in their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.
Explanatory Note.
Act 66 added section 8332.6 of Title 42.
2002, DECEMBER 9, P.L.1705, NO.215
§ 7. Election of additional judges.
The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a). The new judgeships for the 3rd and 49th districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 2, 2006, and shall be initially filled at the 2005 election. The new judgeships for the 7th, 32nd, 35th, 38th, 40th, 43rd and 48th districts added by the amendment of 42 Pa.C.S. § 911(a) shall be created on January 5, 2004, and shall be initially filled at the 2003 municipal election.
Explanatory Note.
Act 215 amended or added sections 911, 5101.1, 5571, 6304, 6307, 6324, 6332, 6336.1, 6341, 6902, 8127, 8332.7, 8332.8, 903 and 9765 of Title 42.
2004, NOVEMBER 30, P.L.1618, NO.207
§ 28. Applicability.
This act shall apply as follows:
(1) Except as otherwise provided in paragraph (2), 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.
(2) Paragraph (1) shall not apply to the provisions of 71 Pa.C.S.
Explanatory Note.
Act 207 amended sections 102, 301, 503, 723, 726, 912, 931, 1102, 1103, 1105, 1141, 1302, 1341, 1342 and 1503, the heading of Subchapter B of Chapter 15, sections 1512, 1513, 1514, 1515, 1516, 1520, 1522, 1523, 1602, 1722, 1723, 1725, 1725.1, 1728, 1903, 2102, 2132, 2301, 2502, 2942, 2943, 2949, 2950, 3101, 3112, 3113, 3114, 3115, 3116, 3118, 3131, 3132, 3132.1, 3152, 3302, 3304, 3305, 3307, 3321, 3322, 3331, 3351, 3352, 3501, 3532, 3571, 3733 and 4101, the heading of Subchapter B of Chapter 41, sections 4121, 4122, 4123, 4135, 4137, 5102, 5103, 5105, 5572, 5749, 5761, 6102, 6103, 6303, 8127, 8151, 9702, 9730 and 9802 of Title 42.
§ 29. Construction of law.
Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices of the peace immediately prior to the effective date of this act. Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date of this act.
2004, NOVEMBER 30, P.L.1703, NO.217
§ 5. Election of additional judges.
(a) Applicability.--
The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a).
(b) Creation and filling of new judgeships.--
Except as set forth in subsections (b.1), (c), (d) and (e), the new judgeships added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 2, 2006, and shall be initially filled by election at the 2005 municipal election.
(b.1) Judgeships in second district.--
The new judgeships for the second judicial district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.
(c) Judgeship in eleventh district.--
The new judgeship for the eleventh judicial district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.
(d) Judgeship in fifteenth district.--
The new judgeship for the fifteenth district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.
(e) Judgeship in sixtieth district.--
The new judgeship for the sixtieth judicial district added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 7, 2008, and shall be initially filled by election at the 2007 municipal election.
Explanatory Note.
Act 217 amended or added sections 911, 6304.1, 6323, 6340, 6352, 7361 and 9718 of Title 42.
2004, DECEMBER 1, P.L.1747, NO.225
§ 2. Public information campaign.
The Pennsylvania Commission on Crime and Delinquency is directed to establish a public information campaign aimed at high drug trafficking areas informing the public of the five-year mandatory sentence established by 42 Pa.C.S. § 9712.1. The commission shall seek all available funding, including Federal funding or funding available from nonprofit corporations, and shall seek to engage pro bono services from public relations and advertising firms and other entities.
Explanatory Note.
Act 225 added sections 8338.1 and 9712.1 of Title 42.
2006, NOVEMBER 29, P.L.1567, NO.178
Preamble
The General Assembly hereby declares its intention to enact versions of Jessica's Law and Megan's Law in this Commonwealth.
Explanatory Note.
Act 178 amended or added section 3130, Subchapter C of Chapter 31 and sections 4915 and 6138 of Title 18 and sections 9718, 9718.2, 9718.3, 9795.1, 9795.2, 9798.3 and 9799.2 of Title 42.
2007, DECEMBER 4, P.L.427, NO.64
§ 3. Continuation of prior law.
This act shall be a continuation of the act of December 21, 1959 (P.L.1962, No.717), entitled "An act providing for the creation and operation of the Juvenile Court Judges' Commission in the Department of Justice; prescribing its powers and duties; and making an appropriation." The following apply:
(1) Except as otherwise provided in 42 Pa.C.S. Ch. 63 Subch. F, all activities initiated under the act of December 21, 1959 (P.L.1962, No.717), entitled "An act providing for the creation and operation of the Juvenile Court Judges' Commission in the Department of Justice; prescribing its powers and duties; and making an appropriation," shall continue and remain in full force and effect and may be completed under 42 Pa.C.S. Ch. 63 Subch. F. Orders, regulations, rules and decisions, which were made under the act of December 21, 1959 (P.L.1962, No.717), and which are in effect on the effective date of section 2 shall remain in full force and effect until revoked, vacated or modified under 42 Pa.C.S. Ch. 63 Subch. F. Contracts and obligations entered into under the act of December 21, 1959 (P.L.1962, No.717), are not affected nor impaired by the repeal of the act of December 21, 1959 (P.L.1962, No.717).
(2) Any difference in language between 42 Pa.C.S. Ch. 63 Subch. F and the act of December 21, 1959 (P.L.1962, No.717), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the act of December 21, 1959 (P.L.1962, No.717).
Explanatory Note.
Act 64 added Subchapter F of Chapter 63 of Title 42.
§ 4. Continuation of Administrative Code sections.
This act shall be a continuation of sections 905.1 and 905.2 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. The following apply:
(1) Except as otherwise provided in 42 Pa.C.S. Ch. 63 Subch. F, all activities initiated under sections 905.1 and 905.2 of The Administrative Code of 1929 shall continue and remain in full force and effect and may be completed under 42 Pa.C.S. Ch. 63 Subch F. Orders, regulations, rules and decisions, which were made under sections 905.1 and 905.2 of The Administrative Code of 1929 and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 42 Pa.C.S. Ch. 63 Subch. F. Contracts and obligations entered into under sections 905.1 and 905.2 of The Administrative Code of 1929 are not affected nor impaired by the repeal of sections 905.1 and 905.2 of The Administrative Code of 1929.
(2) Any difference in language between 42 Pa.C.S. Ch. 63 Subch. F and sections 905.1 and 905.2 of The Administrative Code of 1929 is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of sections 905.1 and 905.2 of The Administrative Code of 1929.
2008, OCTOBER 9, P.L.1352, NO.98
§ 8. Selection of additional judges.
(a) Applicability of section 3135.--
The provisions of 42 Pa.C.S. § 3135 shall not be applicable to the selection of judges for the judgeships created in the amendment of 42 Pa.C.S. § 911(a).
(b) Judgeships created January 4, 2010, and January 2, 2012.--
(1) Except as otherwise provided under paragraph (2), the new judgeships added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 4, 2010, and shall be initially filled by election at the 2009 municipal election.
(2) The new judgeship for the ninth judicial district of this Commonwealth added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 2, 2012, and shall be initially filled by election at the 2011 municipal election.
Explanatory Note.
Act 98 amended section 6102 of Title 23 and sections 911, 1123, 1125, 2131, 2132, 2133, 2134, 3111, 3113, 3114, 3315, 3316, 3118, 3119, 6333 and 9795.1 of Title 42.
2009, AUGUST 11, P.L.147, NO.33
§ 12. References in text.
A reference in any act or part of an act to:
(1) A parole agent of a county shall be deemed a reference to a probation officer.
(2) A parole officer of the State shall be deemed a reference to a parole agent.
(3) The County Probation and Parole Officers' Firearm Education and Training Program shall be deemed a reference to the County Probation Officers' Firearm Education and Training Program.
(4) The County Probation and Parole Officers' Firearm Education and Training Fund shall be deemed a reference to the County Probation Officers' Firearm Education and Training Fund.
Explanatory Note.
Act 33 amended or added sections 102, 301, 1501, 1511, 1515, 1516, 1520, 2154.4, 2154.5, 2154.6, 9755.1, 9756, 9775, 9776 and 9777 and repealed and added Chapter 99 of Title 42 and added Parts I, II, III, IV and V of Title 61.
2011, JUNE 28, P.L.48, NO.10
Preamble
The General Assembly finds that:
(1) It is proper for law-abiding people to protect themselves, their families and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
(2) The Castle Doctrine is a common law doctrine of ancient origins which declares that a home is a person's castle.
(3) Section 21 of Article I of the Constitution of Pennsylvania guarantees that the "right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
(4) Persons residing in or visiting this Commonwealth have a right to expect to remain unmolested within their homes or vehicles.
(5) No person should be required to surrender his or her personal safety to a criminal, nor should a person be required to needlessly retreat in the face of intrusion or attack outside the person's home or vehicle.
Explanatory Note.
Act 10 amended or added sections 501, 505, 506, 3903, 6102 and 6109 of Title 18 and section 8340.2 of Title 42.
2011, JUNE 28, P.L.78, NO.17
§ 2. Construction of law.
Nothing in the amendment of 42 Pa.C.S § 7102 or in the act of June 19, 2002 (P.L.394, No.57), entitled "An act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for DNA testing of certain offenders; reestablishing the State DNA Data Base and the State DNA Data Bank; further providing for duties of the Pennsylvania State Police; imposing costs on certain offenders; reestablishing the DNA Detection Fund; further providing for the apportionment of liability and damages; imposing penalties; and making a repeal," shall be construed to diminish the immunity of 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.
Explanatory Note.
Act 17 amended section 7102 of Title 42.
§ 3. Applicability.
The amendment of 42 Pa.C.S. § 7102 shall apply to causes of action which accrue on or after the effective date of this section.
2011, DECEMBER 20, P.L.446, NO.111
§ 17. Applicability.
This act shall apply as follows:
(1) The addition of 42 Pa.C.S. § 9799.28(b)(11) shall apply to:
(i) Persons convicted after November 30, 2006, of an offense which required registration under former 42 Pa.C.S. § 9795.1 and to persons required to register under 42 Pa.C.S. Ch. 97 Subch. H on or after the effective date of this section.
(ii) All individuals required to register under 42 Pa.C.S. Ch. 97 Subch. H on or after the effective date of this paragraph.
(iii) All individuals required to register under 42 Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to the effective date of this paragraph and whose registration has not expired prior to the effective date of this paragraph.
(2) The addition of 42 Pa.C.S. §§ 9795.1(d) and 9799.25(f) shall apply to all group-based homes and their residents, regardless of when the group-based homes began to provide housing or the residents began their residency.
Explanatory Note.
Act 111 amended or added sections 6358, 6403, 6404, 6404.1, 6404.2, 6406, 6409, 9718.1, 9718.2, 9718.3, 9718.4, 9791, 9792, 9795.1, 9795.2, 9795.3, 9795.5, 9796, 9797, 9798, 9798.1, 9799.1, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.17, 9799.18, 9799.19, 9799.20, 9799.21, 9799.22, 9799.23, 9799.24, 9799.25, 9799.26, 9799.27, 9799.28, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.34, 9799.35, 9799.36, 9799.37, 9799.38, 9799.39, 9799.40 and 9799.41 of Title 42, sections 2901, 2902, 2903, 3122.1, 3124.2, 3130, 3141, 4302, 4915, 4915.1, 5902 and 5903 of Title 18, section 6707 of Title 23, section 2303 of Title 44 and sections 4503 and 6137 of Title 61.
2013, DECEMBER 18, P.L.1167, NO.107
§ 6. Applicability.
The amendment or addition of 23 Pa.C.S. §§ 5328(a)(2.1), 5329.1, 6340(a)(5.1) and 6375(o) and 42 Pa.C.S. §§ 6307(a)(4.1) and (6.5) and 6308(a)(6) shall apply to:
(1) Any action regarding custody of a child under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section.
(2) Any petition to modify a custody order under 23 Pa.C.S. Ch. 53 that is filed on or after the effective date of this section.
Explanatory Note.
Act 107 amended or added sections 5328, 5329.1, 6340 and 6375 of Title 23 and sections 6307 and 6308 of Title 42.
2014, MARCH 14, P.L.38, NO.18
§ 1. Legislative findings and declarations.
The General Assembly finds and declares as follows:
(1) The county park police force established by a county of the third class under section 2511 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, has been granted the power to enforce the laws of this Commonwealth and otherwise perform the functions of that office anywhere within the primary jurisdiction of that force.
(2) By participating in the program under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training), the officers of the county park police force will receive certification and training to enhance the performance of the powers of the office.
Explanatory Note.
Act 18 amended or reenacted section 8951 of Title 42 and sections 2162, 2170 and 2171 of Title 53.
2015, JULY 2, P.L.110, NO.16
§ 12. Licensure as insurance producer.
A person licensed as a professional bondsman prior to the effective date of this act shall be licensed as an insurance producer in accordance with Article VI-A of the act of May 17, 1921 (P.L.789, No.285), known as The Insurance Department Act of 1921.
Explanatory Note.
Act 16 amended, added or repealed the heading of Subchapter B of Chapter 57 and sections 5741, 5742, 5743, 5743.1, 5744, 5745, 5746, 5747, 5747.1, 5748, 5748.1, 5749 and 5950 of Title 42.
2015, DECEMBER 28, P.L.559, NO.94
§ 30. Duties of Department of Human Services.
The Department of Human Services of the Commonwealth shall conduct a study to analyze and make recommendations on the permanency goal of another planned permanent living arrangement for children 16 years of age or older. The following apply:
(1) The study shall include recommendations on all of the following:
(i) Strategies to reduce the use of or eliminate the use of the permanency goal of another planned permanent living arrangement.
(ii) Other permanency goal options for children.
(iii) Expected outcomes for children by the reduction of or the elimination of another planned permanent living arrangement as a permanency goal.
(iv) A timeline to achieve the strategies set forth under subparagraph (i).
(2) In conducting the study, the Department of Human Services shall convene a work group to receive feedback on the potential reduction or elimination of the permanency goal of another planned permanent living arrangement. The work group shall include representatives from the juvenile court, guardians ad litem, parent attorneys, county agencies, private children and youth social service agencies, children's advocacy organizations, the Pennsylvania Youth Advisory Board and other appropriate stakeholders as determined by the Secretary of Human Services.
(3) The Department of Human Services shall, within four months of enactment of this section, report the study's findings and make its recommendations to:
(i) The chairperson and minority chairperson of the Judiciary Committee of the Senate.
(ii) The chairperson and minority chairperson of the Aging and Youth Committee of the Senate.
(iii) The chairperson and minority chairperson of the Judiciary Committee of the House of Representatives.
(iv) The chairperson and minority chairperson of the Children and Youth Committee of the House of Representatives.
Explanatory Note.
Act 94 amended, added or repealed Chapter 57, sections 7101, 7101.1, 7102, 7103, 7104, 7105, 7201, 7202, 7202.1, the heading of Subchapter B of Chapter 72, sections 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7210, 7211, 7301, 7304, 7305, 7307, 7308, 7310, 7311, 7312, 7313, 7316, 7317, 7318, 7319, the heading of Chapter 74, sections 7401, 7402, the heading of Chapter 75, sections 7501, 7501.4, 7501.5, 7502, the heading of Chapter 76 and the heading of Subchapter A of Chapter 76, sections 7601, 7602, 7603, 7604, 7605, 7606, 7607, 7608, the heading of Subchapter C of Chapter 76, sections 7609, 7610, 7611, 7612, 7613, Subchapter D of Chapter 76, sections 7615, 7616, Chapter 77, Chapter 77A, sections 7801, 7802, 7901, 7902 and 7903 of Title 23 and sections 6302 and 6351 of Title 42.
2017, JUNE 12, P.L.11, NO.5
§ 408. Restoration of service credit or retirement benefits.
Nothing in this act shall be deemed to permit the restoration of service credit or retirement benefits that:
(1) were or are subject to section 16 of Article V of the Constitution of Pennsylvania or 42 Pa.C.S. § 3352; or
(2) were or are the subject of an order of forfeiture under the act of July 8, 1978 (P.L.752, No.140), known as the Public Employee Pension Forfeiture Act.
Explanatory Note.
Act 5 amended or added sections 8102, 8103, 8103.2, 8301, 8302, 8303, 8304, 8305, 8305.3, 8305.4, 8305.5, 8306, 8307, 8308, 8310, 8321, 8322.1, 8323, 8324, 8325.1, 8326, 8327, 8328, 8330, 8341, 8342, 8344, 8345, 8346, 8347 and 8349, Chapter 84, and sections 8501, 8502, 8502.2, 8503, 8505, 8506, 8507, 8521, 8522, 8524, 8525, 8531, 8533, 8533.1, 8533.2, 8533.3, 8533.4, 8533.5, 8534, 8535, 8535.1, 8537, 8538 and 8702 of Title 24, section 7306 of Title 51 and sections 5102, 5103, 5104, 5301, 5302, 5303, 5303.2, 5304, 5305, 5305.1, 5306, 5306.1, 5306.2, 5306.3, 5306.4, 5306.5, 5307, 5308, 5308.1, 5309, 5310, 5311, 5501.1, 5502, 5503.1, 5504, 5505, 5506.1, 5507, 5508, 5509, 5701, 5701.1, 5702, 5704, 5705, 5705.1, 5706, 5707 and 5709, Chapter 58 and sections 5901, 5902, 5903, 5904, 5905, 5905.1, 5906, 5907, 5931, 5932, 5933, 5934, 5935, 5936, 5937, 5938, 5939, 5951, 5953, 5953.1, 5953.2, 5953.3, 5953.4, 5953.6, 5954, 5955, 5955.2, 5957 and 5958 of Title 71.
2017, JUNE 29, P.L.247, NO.13
§ 12. Forfeitures.
Notwithstanding any other provision of law to the contrary, the following forfeitures shall be conducted in accordance with 42 Pa.C.S. §§ 5803, 5805, 5806, 5807, 5807.1 and 5808:
(1) The forfeiture of property specified in section 1 of the act of July 3, 1941 (P.L.263, No.121), entitled "An act providing for the forfeiture and condemnation of vehicles used to store, possess or transport narcotics or drugs, the possession or transportation of which is in violation of law."
(2) The forfeiture of property specified in section 601 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.
(3) The forfeiture of property specified in section 614 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
(4) The forfeiture of property specified in section 1715 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.
Explanatory Note.
Act 13 amended, added, repealed or deleted by amendment section 1518 of Title 4, sections 910, 2717, 3141, 3142, 3143, 3144, 4116, 4119, 5513, 5707, 6314, 6501, 7508, 7707 and 7708 of Title 18, section 927 of Title 30, Chapter 58 and sections 6801, 6801.1 and 6802 of Title 42 and sections 4909, 9405 and 9406 of Title 75.
2017, OCTOBER 30, P.L.802, NO.49
§ 3. Applicability.
The following shall apply:
(1) The new judgeship for the Ninth Judicial District added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 6, 2020, and shall be initially filled by election at the 2019 municipal election.
(2) The new judgeship for the Twenty-second Judicial District added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 3, 2022, and shall be initially filled by election at the 2021 municipal election.
(3) The addition of 42 Pa.C.S. § 1906.1 shall apply retroactively to July 1, 2017.
Explanatory Note.
Act 49 amended or added sections 911 and 1906.1 of Title 42.
2018, FEBRUARY 21, P.L.27, NO.10
§ 20. Applicability.
This act applies as follows:
* * *
(2) The addition of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S. Ch. 97 Subch. I shall apply to:
(i) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration as set forth in 42 Pa.C.S. § 9799.55 has not expired.
(ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).
(iii) An individual who, before or after the effective date of this paragraph:
(A) commits an offense subject to 42 Pa.C.S. Subch. H; but
(B) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Subch. H, is not subject to registration as a sexual offender.
Explanatory
Note.
Act 10 amended or added sections 3130, 3141, 4915.1 and 4915.2 of Title 18, sections 2511, 6303, 6338.1 and 6707 of Title 23, and sections 9718.1, 9718.5, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.19, 9799.23, 9799.25, 9799.26, 9799.31, 9799.32, 9799.34, 9799.36, 9799.38, 9799.39, 9799.42 and Subchapter I of Chapter 97 of Title 42.
2018, JUNE 12, P.L.140, NO.29
§ 21. Applicability.
This act shall apply as follows:
(1) The reenactment or amendment of 18 Pa.C.S. § 4915.1 and 42 Pa.C.S. Ch. 97 Subch. H shall apply to an individual who commits an offense on or after December 20, 2012.
(2) The reenactment or amendment of 18 Pa.C.S. § 4915.2 and 42 Pa.C.S. Ch. 97 Subch. I shall apply to:
(i) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration as set forth in 42 Pa.C.S. § 9799.55 has not expired.
(ii) An individual required to register with the Pennsylvania State Police under a former sexual offender registration law of this Commonwealth as set forth in 42 Pa.C.S. § 9799.55(a)(1)(i), (b)(2) and (4).
(iii) Before or after February 21, 2018, an individual who:
(A) commits an offense subject to 42 Pa.C.S. Ch. 97 Subch. H; but
(B) because of a judicial determination on or after February 21, 2018 of the invalidity of 42 Pa.C.S. Ch. 97 Subch. H, is not subject to registration as a sexual offender.
Explanatory
Note.
Act 29 reenacted or amended sections 3130, 3141, 4915.1 and 4915.2 of Title 18, reenacted sections 2511, 6303, 6338.1 and 6707 of Title 23, and reenacted or amended sections 9718.1, 9799.10, 9799.11, 9799.12, 9799.13, 9799.14, 9799.15, 9799.16, 9799.19, 9799.23, 9799.25, 9799.26, 9799.31, 9799.32, 9799.34, 9799.36, 9799.38, 9799.39, 9799.42 and Subchapter I of Chapter 97 of Title 42.
2018, JUNE 28, P.L.381, NO.55
§ 1. Preamble.
The General Assembly finds and declares that the Unified Judicial System will benefit from:
(1) extensive revision of statutory arbitration; and
(2) establishment of a collaborative law process.
Explanatory Note.
Act 55 amended or added Subchapter A.1 of Chapter 73, sections 7341 and 7342 and Chapter 74 of Title 42.
2018, JUNE 28, P.L.402, NO.56
Preamble
The General Assembly finds and declares as follows:
(1) Individuals with charges not leading to convictions may be inherently harmed by the maintenance of that record and have a constitutional presumption of innocence.
(2) Individuals convicted of crimes in this Commonwealth should serve their sentences as ordered by the courts of this Commonwealth.
(3) After less violent individuals convicted of crimes have served their sentences and remained crime free long enough to demonstrate rehabilitation, the individuals' access to employment, housing, education and other necessities of life should be fully restored.
(4) Criminal justice agencies need access to all criminal history record information in order to effectively carry out the agencies' duties to protect the public.
(5) The Commonwealth shall provide a clean slate remedy, as set forth under this act, to:
(i) Create a strong incentive for avoidance of recidivism by offenders.
(ii) Provide hope for the alleviation of the hardships of having a criminal record by offenders who are trying to rehabilitate themselves.
(iii) Save the Commonwealth money that must be spent in the administration of criminal justice when offenders recidivate.
(iv) Ensure appropriate access to criminal history information by criminal justice agencies.
(6) The clean slate remedy should be implemented without cost to the former offender of filing a petition with a court.
Explanatory Note.
Act 56 amended or added sections 9121, 9122.1, 9122.2, 9122.3, 9122.4, 9122.5, 9122.6 of Title 18 and sections 6307, 6308 of Title 42.
2018, OCTOBER 24, P.L.896, NO.147
Preamble
The General Assembly finds and declares as follows:
(1) Postconviction DNA testing has exonerated wrongfully convicted individuals and identified real perpetrators of crimes.
(2) To the extent possible, DNA testing of evidence before trial is encouraged to help prevent wrongful convictions and to lead to earlier detection and conviction of actual perpetrators.
Explanatory Note.
Act 147 amended section 9543.1 of Title 42 and amended or added sections 2302, 2303, 2311, 2312, 2313, 2314, 2315, 2316, 2316.1, 2317, 2318, 2319 and 2321 of Title 44.
2019, JULY 2, P.L.375, NO.58
§ 4. Applicability.
The addition or amendment of the following shall apply retroactively to law enforcement conduct on or after June 15, 1982:
(1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)(2) and 8953.2(a)(1).
(2) The addition of 42 Pa.C.S. § 8955.
Explanatory Note.
Act 58 amended or added sections 6105 and 6111 of Title 18 and sections 8953, 8953.1, 8953.2 and 8955 of Title 42.
§ 5. General Assembly.
The General Assembly declares that the addition or amendment of the following are intended to reverse the Pennsylvania Supreme Court's interpretation of 42 Pa.C.S. Ch. 89 Subch. D, as set forth in Commonwealth v. Hlubin 2019 WL 2324272 (Pa. 2019):
(1) The amendment of 42 Pa.C.S. §§ 8953(a)(3), 8953.1(a)(2) and 8953.2(a)(1).
(2) The addition of 42 Pa.C.S. § 8955.
2019, NOVEMBER 26, P.L.641, NO.87
§ 8.2. Transfer of funds.
The sum of $5,000,000 is transferred from the General Fund to the Crime Victim's Compensation Fund to be used until June 30, 2021, to implement the addition of 42 Pa.C.S. § 9730.3(a)(1) for counseling services provided after the effective date of this section. In fiscal years beginning after June 30, 2021, the General Assembly shall appropriate money to implement the addition of 42 Pa.C.S. § 9730.3(a)(1).
§ 9. Severability.
The provisions of this act are severable. If any provision of this act is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.
§ 10. Applicability.
This act shall apply as follows:
(1) The amendment or addition of 42 Pa.C.S. §§ 5533(b)(2), 5551(7) and 5552(b.1) and (c)(3) and (3.1) shall not be applied to revive an action which has been barred by an existing statute of limitations on the effective date of this section.
(2) The amendment of 42 Pa.C.S. § 5533(b)(2) shall apply retroactively to civil actions where the limitations period has not expired prior to the effective date of this section.
(3) The addition of 42 Pa.C.S. §§ 5522(c)(3.1), 8522(b)(10), 8528(d), 8542(b)(9) and 8553(e) shall apply as follows:
(i) Prospectively, to a cause of action which arises on or after the effective date of this section.
(ii) Retroactively, to a cause of action if the cause of action arose before the effective date of this section. Nothing in this subparagraph shall do any of the following:
(A) Revive a cause of action as to which the limitation period has expired prior to the effective date of this section.
(B) Permit the application of the addition of 42 Pa.C.S. §§ 5522(c)(3.1), 8522(b)(10), 8528(d), 8542(b)(9) and 8553(e) to a claim:
(I) that is subject to a final judgment which, on the effective date of this section, is not subject to appeal; or
(II) that, on the effective date of this section, has been nonjudicially resolved in its entirety by the parties, in a form which is enforceable.
Explanatory Note.
Act 87 amended or added sections 5522, 5533, 5551, 5552, 8522, 8528, 8542, 8553 and 9730.3 of Title 42.
2021, JUNE 30, P.L.260, NO.59
§ 28. Reference in law.
Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as defined in 61 Pa.C.S. § 6101. This act does not change the status of State parole agents for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause State parole agents to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act.
Explanatory Note. Act 59 amended sections 2151.1, 2155, 5950, 5952, 6307, 8332.7, 8340, 9543.1, 9718.5, 9727, 9764, 9776, 9777, 9799.13, 9799.16, 9799.19, 9799.20, 9799.22, 9799.24, 9799.25, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.35, 9799.38, 9799.54, 9799.55, 9799.56, 9799.58, 9799.64, 9799.65, 9799.66, 9799.67, 9799.68, 9799.69, 9799.72 and 9912 of Title 42, amended, added or repealed sections 102, 1106, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008 and Pt. IV heading and sections 6101, 6102, 6111, 6112, 6113, 6116, 6118, 6119, 6120, 6121, 6124, 6131, 6132, 6133, 6134, 6134.1, 6136, 6137, 6138, 6139, 6140, 6141, 6143 and Subchapters D, F and G and sections 6302, 7115, 7121, 7122 and Chapter 73 of Title 61 and section 5102 of Title 71.
2022, NOVEMBER 3, P.L.1788, NO.121
§ 4. Law enforcement certification.
Campus police, as defined in section 2001-A(20) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, who have successfully completed the basic training course from the commission and obtained a psychological evaluation for employment as a law enforcement officer before the effective date of this section shall be automatically certified by the Municipal Police Officers' Education and Training Commission.
Explanatory Note. Act 121 amended section 67A01 of Title 42 and sections 2162 and 2168 of Title 53.
2023, DECEMBER 14, P.L.381, NO.44
§ 5. Applicability.
This act shall apply as follows:
(1) This act shall apply to individuals sentenced or resentenced on or after the effective date of this section.
(2) Except for the addition of 42 Pa.C.S. § 9774.1, this act shall apply to individuals sentenced or resentenced prior to the effective date of this section.
Explanatory Note. Act 44 amended or added sections 9754, 9763, 9771 and 9774.1 of Title 42.
§ 7. Applicability continued.
The following apply:
(1) The following apply to postsentencing reviews:
(i) Subject to paragraph (2), the courts shall ensure that the probation of all individuals sentenced or resentenced prior to the effective date of this section are reviewed to determine whether the individuals should be considered for early termination of probation or modification of the terms and conditions of probation. The review shall occur at the later of one year after the effective date of this section or:
(A) For a probation sentence on a misdemeanor conviction, the date the defendant has completed two years of probation.
(B) For a felony conviction, the date the defendant has completed four years of probation.
(C) For a probation sentence based on a conviction involving multiple offenses arising out of the same criminal episode:
(I) the date the defendant has completed two years of probation if all the offenses resulting in the sentence were misdemeanors; or
(II) the date the defendant has completed four years of probation if one of the offenses resulting in the sentence included a felony.
(ii) For each case under review, the defendant and the Commonwealth shall have the opportunity, in advance of a decision, to provide written comments to the court. Courts may by local rule adopt such procedures as they deem appropriate to accomplish the reviews.
(2) (i) This section shall not apply if:
(A) The defendant committed one of the following technical violations within the six months immediately preceding the defendant's probation review conference:
(I) A technical violation that was sexual in nature.
(II) A technical violation that involved assaultive behavior or included a credible threat to cause bodily injury to another, including incidents involving domestic violence.
(III) A technical violation that involved possession or control of a firearm or dangerous weapon.
(IV) The technical violation involved the manufacture, sale, delivery or possession with the intent to manufacture, sell or deliver, a controlled substance or other drug regulated under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(V) The defendant absconded.
(VI) A technical violation which involved an intentional and unexcused failure to adhere to recommended programming or conditions on three or more separate occasions. For the purposes of this clause, multiple technical violations stemming from the same episode of events shall not constitute separate technical violations.
(VII) A technical violation that involved an identifiable threat to public safety.
(ii) The defendant was convicted of a misdemeanor of the first degree, misdemeanor of the second degree or felony offense committed while either incarcerated or serving probation.
(iii) The defendant was convicted of an offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders).
(iv) The defendant was convicted of a crime of violence.
(v) The defendant was convicted of an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2709.1 (relating to stalking) against any of the defendant's family or household members.
§ 8. Sentencing.
When a court, either as a result of a petition or as a result of its review under section 7 of this act, seeks to determine whether an individual sentenced or resentenced prior to the effective date of this section should be considered for early termination of probation or modification of the terms and conditions of probation, the court shall ensure that due consideration is given to whether the individual has successfully satisfied the conditions contained in 42 Pa.C.S. § 9774.1(c)(1) or (2).
2023, DECEMBER 14, P.L.435, NO.58
§ 2. Applicability.
The following apply:
(1) Except as provided in paragraphs (2) and (3), the provisions of 42 Pa.C.S. §§ 3132 and 3135 shall apply to the judgeships added by the amendment of 42 Pa.C.S. § 911(a).
(2) The new judgeships for the Eighth Judicial District, Eleventh Judicial District, Twelfth Judicial District, Thirty-first Judicial District, Forty-fourth Judicial District and Fiftieth Judicial District added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 5, 2026, and shall be initially filled by election at the 2025 municipal election.
(3) The new judgeships for the Thirty-eighth Judicial District added by the amendment of 42 Pa.C.S. § 911(a) shall be established on January 3, 2028, and shall be initially filled by election at the 2027 municipal election.
Explanatory Note. Act 58 amended section 911 of Title 42.