reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9541 - Short title of subchapter

§ 9541. Short title of subchapter.
This subchapter shall be known and may be cited as the Post Conviction Relief Act.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9542 - Scope of subchapter

§ 9542. Scope of subchapter.
This subchapter provides for an action by which persons convicted of crimes they did not commit and persons serving illegal sentences may obtain collateral relief. The action established in this subchapter shall be the sole means of obtaining collateral relief and encompasses all other common law and statutory remedies for the same purpose that exist when this subchapter takes effect, including habeas corpus and coram nobis. This subchapter is not intended to limit the availability of remedies in the trial court or on direct appeal from the judgment of sentence, to provide a means for raising issues waived in prior proceedings or to provide relief from collateral consequences of a criminal conviction. Except as specifically provided otherwise, all provisions of this subchapter shall apply to capital and noncapital cases.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9544 - Previous litigation and waiver

§ 9544. Previous litigation and waiver.
(a) Previous litigation.--
For purposes of this subchapter, an issue has been previously litigated if:
(1) (Deleted by amendment).
(2) the highest appellate court in which the petitioner could have had review as a matter of right has ruled on the merits of the issue; or
(3) it has been raised and decided in a proceeding collaterally attacking the conviction or sentence.
(b) Issues waived.--
For purposes of this subchapter, an issue is waived if the petitioner could have raised it but failed to do so before trial, at trial, during unitary review, on appeal or in a prior state postconviction proceeding.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days)
Suspension by Court Order.
Subsec. (b) was suspended August 11, 1997, S.Ct. Order, insofar as it references "unitary review."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9546 - Relief and order

§ 9546. Relief and order.
(a) General rule.--
If the court rules in favor of the petitioner, it shall order appropriate relief and issue supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence or other matters that are necessary and proper.
(b) Grounds to be stated.--
(Deleted by amendment).
(c) Status of order.--
(Deleted by amendment).
(d) Review of order in death penalty cases.--
An order under this subchapter granting the petitioner final relief in a case in which the death penalty has been imposed shall be directly appealable by the Commonwealth to the Supreme Court pursuant to its rules. An order under this subchapter denying a petitioner final relief in a case in which the death penalty has been imposed shall not be reviewable in the Superior Court but shall be reviewable only by petition for allowance of appeal to the Supreme Court.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.; Nov. 17, 1995, 1st Sp.Sess., P.L.1118, No.32, eff. 60 days; June 25, 1997, P.L.324, No.33, eff. imd.)
1997 Amendment.
Act 33 amended subsec. (d).
Suspension by Court Order.
The 1995 and 1997 amendments to section 9546 were suspended August 11, 1997, S.Ct. Order.
Cross References.
Section 9546 is referred to in section 722 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9547 - Amendment and withdrawal of petition (Repealed)

§ 9547. Amendment and withdrawal of petition (Repealed).
1988 Repeal.
Section 9547 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9547 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9548 - Answer to petition (Repealed)

§ 9548. Answer to petition (Repealed).
1988 Repeal.
Section 9548 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9548 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9549 - Hearing on petition (Repealed)

§ 9549. Hearing on petition (Repealed).
1988 Repeal.
Section 9549 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9549 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9550 - Order of court and final disposition of petition (Repealed)

§ 9550. Order of court and final disposition of petition (Repealed).
1988 Repeal.
Section 9550 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9550 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9551 - Pauper petitions (Repealed)

§ 9551. Pauper petitions (Repealed).
1988 Repeal.
Section 9551 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9551 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of the date of conviction or sentence.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9561 - Report by district attorney

§ 9561. Report by district attorney.
(a) Reports by district attorneys of felony convictions against health care professionals.--
Whenever a health care professional has been found guilty, has pleaded guilty or has entered a plea of nolo contendere to a felony in this Commonwealth, the district attorney of the county in which the case was prosecuted shall notify the appropriate State board within 30 days of the court's entry of a finding of guilt, acceptance of a guilty plea or acceptance of a plea of nolo contendere.
(b) Definitions.--
The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Health care professional."
A person licensed, certified or registered by any of the State boards as defined in this section.
"State board."
Includes the following departmental administrative boards within the Department of State: the State Board of Medicine, the State Board of Osteopathic Medicine, the State Board of Dentistry, the State Board of Podiatry, the State Board of Pharmacy, the State Board of Nursing, the State Board of Physical Therapy, the State Board of Occupational Therapy Education and Licensure, the State Board of Optometry, the State Board of Examiners of Nursing Home Administrators, the State Board of Chiropractic, the State Board of Psychology, the State Board of Massage Therapy, the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, the State Board of Examiners in Speech-Language and Hearing and any other health-related administrative board which issues professional or occupational licenses within the Department of State.
(Dec. 18, 2013, P.L.1181, No.109, eff. 60 days)
2013 Amendment. Act 109 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9570 - Short title of subchapter

§ 9570. Short title of subchapter.
This subchapter shall be known and may be cited as the Capital Unitary Review Act.
Suspension by Court Order.
Section 9570 was suspended August 11, 1997, S.Ct. Order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9571 - Scope of subchapter

§ 9571. Scope of subchapter.
(a) Capital unitary review.--
This subchapter establishes the sole means of challenging proceedings that resulted in a sentence of death. The unitary review proceeding provided by this subchapter shall replace postappeal collateral review of death penalty cases with preappeal collateral review.
(b) Appointment of collateral counsel.--
Under the action provided in this subchapter, a person sentenced to death shall be immediately entitled to new counsel for purposes of collateral review. The collateral proceeding shall occur in the trial court after the imposition of sentence and before appeal. The petitioner may raise any claim that could not have been raised previously, including claims of ineffective assistance of counsel.
(c) Capital appeal.--
Direct appeal shall occur after the trial court has concluded collateral review. Claims raised on direct appeal shall be limited to those claims that were preserved at trial and that may be resolved on the basis of the record created up to and including sentencing. Collateral appeal shall occur simultaneously with direct appeal. Claims raised on collateral appeal shall be limited to claims that were preserved in the collateral proceeding in the trial court and to any other claim that could not have been raised previously, including claims of ineffective assistance of counsel on direct appeal.
(d) Limitation on subsequent petitions.--
No further review shall be available except as provided in this subchapter.
(e) Capital case in which death penalty not imposed.--
This subchapter does not apply to capital cases in which the death penalty was not imposed.
Suspension by Court Order.
Section 9571 was suspended August 11, 1997, S.Ct. Order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9572 - Representation of counsel

§ 9572. Representation of counsel.
(a) Collateral counsel.--
Immediately after the formal imposition of sentence on all charges or within 30 days of the verdict of the death penalty, whichever occurs later, the court shall appoint new counsel for the purposes of collateral review, unless:
(1) the petitioner has elected to proceed pro se and the court finds, after a colloquy on the record, that the petitioner's election is knowing, intelligent and voluntary; or
(2) the petitioner retains counsel for the unitary review proceeding.
(b) Prior attorney.--
No petitioner may be represented on collateral review, either in the trial court or on appeal, by an attorney, whether retained or appointed, who has represented the petitioner at any other stage of the proceedings, including direct appeal, unless the court finds, after a colloquy on the record, that the petitioner has knowingly, intelligently and voluntarily waived his right to challenge the effectiveness of that attorney's representation.
(c) Standards for appointment of counsel.--
The Supreme Court shall adopt standards for the appointment of counsel in capital cases. These standards shall apply for the appointment of trial counsel, collateral review counsel and appellate counsel. When adopting the standards, the Supreme Court shall consider, where practicable, the following criteria:
(1) Counsel is admitted to practice in Pennsylvania.
(2) Counsel is an experienced and active trial practitioner with at least five years' litigation experience in the field of criminal law.
(3) Counsel has prior experience as counsel in a specified number of trials or other relevant proceedings.
(4) Counsel is familiar with the practice and procedure of the appropriate courts, including Federal courts of the jurisdiction.
(5) Counsel has demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.
(6) Local practice for the appointment of counsel in capital cases.
Absent standards established under this subsection, the court may appoint such counsel as it deems qualified, in accordance with any local rules or practices. The existence or applicability of or failure to comply with such standards shall not provide a basis for relief.
Suspension by Court Order.
Section 9572 was suspended August 11, 1997, S.Ct. Order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9573 - Time for petition; contents of petition

§ 9573. Time for petition; contents of petition.
(a) Filing date.--
Any petition under this subchapter shall be filed within 120 days of the date the trial transcript is filed with the court. The court may, for good cause shown, grant extensions of time totaling no more than 90 days.
(b) Subsequent or untimely claims.--
Any claim raised after the time specified in subsection (a) shall be dismissed unless it satisfies section 9578 (relating to subsequent petitions).
(c) Evidentiary hearing.--
Where the petitioner requests an evidentiary hearing, the petition shall include a signed certification as to each intended witness stating the witness's name, address, date of birth and substance of testimony and shall include any documents material to that witness's testimony. Failure to substantially comply with the requirements of this subsection shall render the proposed witness's testimony inadmissible.
(d) Discovery.--
Discovery shall be permitted, and no reasonable discovery request of the petitioner shall be denied except upon demonstration of exceptional circumstances justifying denial of the discovery requests.
(e) Claim for relief.--
When a claim for relief is based on an allegation of ineffective assistance of counsel as a ground for relief, any privilege concerning counsel's representation as to that issue shall be automatically terminated.
Suspension by Court Order.
Section 9573 was suspended August 11, 1997, S.Ct. Order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9574 - Answer to petition

§ 9574. Answer to petition.
The Commonwealth may file a written answer to the petition within 120 days of the filing and service of the petition. For good cause shown, the court may grant an extension of time of up to 90 days. Failure to file an answer shall not constitute an admission of any facts alleged in the petition.
Suspension by Court Order.
Section 9574 was suspended August 11, 1997, S.Ct. Order.
Cross References.
Section 9574 is referred to in section 9545 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9575 - Disposition without evidentiary hearing

§ 9575. Disposition without evidentiary hearing.
(a) Evidentiary hearing.--
No more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, the court shall determine whether or not an evidentiary hearing is warranted. An evidentiary hearing shall not be warranted unless controverted, previously unresolved factual issues material to petitioner's conviction or sentence exist.
(b) Written order.--
Failure of the court to issue a written order within the period prescribed under subsection (a) shall constitute a determination that an evidentiary hearing is warranted on any controverted, previously unresolved factual issues material to petitioner's conviction or sentence.
(c) Disposing of petition.--
If the determination is made that no evidentiary hearing is warranted, the court shall, no later than 90 days from the date of that determination, dispose of the petition, after oral argument if requested, and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.
Suspension by Court Order.
Section 9575 was suspended August 11, 1997, S.Ct. Order.
Cross References.
Section 9575 is referred to in section 9545 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9576 - Evidentiary hearing

§ 9576. Evidentiary hearing.
(a) Order.--
If the court determines that an evidentiary hearing is warranted, the court shall enter an order no more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, setting a date for the hearing.
(b) Date.--
The hearing shall be scheduled to occur not less than ten days and not more than 45 days from the date of the order setting the hearing. The court may, for good cause shown, grant leave to continue the hearing.
(c) Disposing of petition.--
Not later than 90 days after the evidentiary hearing, the court shall dispose of the petition and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.
Suspension by Court Order.
Section 9576 was suspended August 11, 1997, S.Ct. Order.
Cross References.
Section 9576 is referred to in section 9545 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9577 - Disposition and appeal

§ 9577. Disposition and appeal.
(a) Capital unitary review.--
Review by the Supreme Court under section 9711(h) (relating to review of death sentence) shall comprise direct appeal and collateral appeal. The common pleas court order disposing of the petition under this subchapter shall constitute the final judgment for purposes of this review.
(b) Briefs for petitioner.--
Unless the petitioner has waived the right to new counsel on collateral review, separate briefs shall be filed for direct appeal and collateral appeal. The time for filing the collateral appeal brief shall begin to run from service of the petitioner's brief on direct appeal.
(c) Brief for the Commonwealth.--
The Commonwealth shall file a brief in response to the petitioner's direct and collateral appeal briefs. The time for filing the Commonwealth's brief shall begin to run from service of the petitioner's brief on collateral appeal.
Suspension by Court Order.
Section 9577 was suspended August 11, 1997, S.Ct. Order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9578 - Subsequent petitions

§ 9578. Subsequent petitions.
(a) Further review.--
No further review shall be available unless a petition is filed under Subchapter B (relating to post conviction relief) alleging that:
(1) the failure to raise the claim previously was the result of interference by government officials with the presentation of the claim in violation of the Constitution of the United States or laws of the United States or the Constitution of Pennsylvania or laws of this Commonwealth;
(2) the facts upon which the claim is predicated were unknown to the petitioner and could not have been ascertained in the exercise of due diligence; or
(3) the right asserted is a constitutional right that was recognized by the Supreme Court of the United States or the Supreme Court of Pennsylvania after the time period provided in this section and has been held by that court to apply retroactively.
(b) Exception petition.--
Any petition invoking an exception provided in subsection (a) shall be filed within 60 days of the date the claim could have been presented.
Suspension by Court Order.
Section 9578 was suspended August 11, 1997, S.Ct. Order.
Cross References.
Section 9578 is referred to in section 9573 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 95 - Post-trial Matters › Section 9579 - Certification

§ 9579. Certification.
(a) General rule.--
By presenting to the court, whether by signing, filing, submitting or later advocating, a pleading, written motion or other papers regarding a petition for collateral relief, an attorney or unrepresented party is certifying that, to the best of the person's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the following:
(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims and other legal contentions in it are warranted by existing law or by a nonfrivolous argument for extension, modification or reversal of existing law or the establishment of new law; and
(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation.
(b) Sanctions.--
If, after notice and a reasonable opportunity to respond, the court determines that this section has been violated, the court may impose an appropriate sanction on the attorneys, law firms or parties that have violated this section.
Suspension by Court Order.
Section 9579 was suspended August 11, 1997, S.Ct. Order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9702 - Definitions

§ 9702. Definitions.
As used in this chapter "court" and "judge" include (when exercising criminal or quasi-criminal jurisdiction pursuant to section 1515 (relating to jurisdiction and venue)) a magisterial district judge.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9703 - Scope of chapter

§ 9703. Scope of chapter.
Except as otherwise specifically provided in this chapter, in all cases the sentence to be imposed shall be determined by the court as authorized by law.
(Mar. 8, 1982, P.L.169, No.54, eff. 90 days)
1982 Amendment.
Act 54 added section 9703.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9711.1 - Sentencing for certain murders of infant persons

§ 9711.1. Sentencing for certain murders of infant persons.
(a) Sentence enhancement.--
The Pennsylvania Commission on Sentencing, pursuant to section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for an offense under 18 Pa.C.S. § 2502(c) (relating to murder) when the victim was less than 13 years of age at the time of the commission of the offense.
(b) Applicability.--
The applicability of this section shall be determined at sentencing. The court shall consider any evidence presented at trial and shall determine, by preponderance of the evidence, if this section is applicable.
(c) Consecutive sentence.--
A sentence imposed upon a person to whom this section applies shall be served consecutively to any other sentence the person is serving and to any other sentence being then imposed by the court.
(Oct. 25, 2012, P.L.1655, No.204, eff. 60 days)
2012 Amendment.
Act 204 added section 9711.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9716 - Two or more mandatory minimum sentences applicable

§ 9716. Two or more mandatory minimum sentences applicable.
Where two or more sections requiring mandatory minimum sentences are applicable, the court shall be bound by that section requiring the greater penalty.
(Mar. 8, 1982, P.L.169, No.54, eff. 90 days)
1982 Amendment.
Act 54 added section 9716.
Cross References.
Section 9716 is referred to in sections 9712, 9713 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9717 - Sentences for offenses against elderly persons

§ 9717. Sentences for offenses against elderly persons.
(a) Mandatory sentence.--
A person under 60 years of age convicted of the following offenses when the victim is over 60 years of age and not a police officer shall be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated assault) - not less than two years.
18 Pa.C.S. § 3121 (relating to rape) - not less than five years.
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse) - not less than five years.
18 Pa.C.S. § 3922 (relating to theft by deception) - not less than 12 months, but the imposition of the minimum sentence shall be discretionary with the court where the court finds justifiable cause and that finding is written in the opinion.
(b) Eligibility for parole.--
Parole shall not be granted until the minimum term of imprisonment has been served.
(Dec. 30, 1982, P.L.1472, No.334, eff. 60 days)
1982 Amendment.
Act 334 added section 9717.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9718.3 - Sentence for failure to comply with registration of sexual offenders (Expired)

§ 9718.3. Sentence for failure to comply with registration of sexual offenders (Expired).
2012 Expiration.
Section 9718.3 expired December 20, 2012. See Act 111 of 2011.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9718.5 - Mandatory period of probation for certain sexual offenders

§ 9718.5. Mandatory period of probation for certain sexual offenders.
(a) Mandatory probation supervision after release from confinement.--
A person who is convicted in a court of this Commonwealth of an offense under section 9799.14(d) (relating to sexual offenses and tier system) shall be sentenced to a mandatory period of probation of three years consecutive to and in addition to any other lawful sentence issued by the court.
(b) Imposition.--
The court may impose the term of probation required under subsection (a) in addition to the maximum sentence permitted for the offense for which the defendant was convicted.
(c) Authority of court in sentencing.--
There shall be no authority in a court to impose on an offender to which this section is applicable a lesser period of probation than provided for under subsection (a). Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory period of probation provided under this section.
(d) Direct supervision.--
Nothing under this section shall limit the court's authority to direct supervision by the Department of Corrections by special order as provided under 61 Pa.C.S. § 6172(a) (relating to probation services).
(Feb. 21, 2018, P.L.27, No.10, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended subsec. (d).
2018 Amendment.
Act 10 added section 9718.5.
Cross References.
Section 9718.5 is referred to in section 6137.2 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9719 - Sentences for offenses committed while impersonating a law enforcement officer

§ 9719. Sentences for offenses committed while impersonating a law enforcement officer.
(a) Mandatory sentence.--
A person convicted of murder of the third degree, voluntary manslaughter, rape, involuntary deviate sexual intercourse, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) (relating to aggravated assault), robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery) or kidnapping or who is convicted of attempt to commit any of these crimes shall, if the person was impersonating a law enforcement officer during the commission of the offense, be sentenced to a minimum sentence of at least three years of total confinement notwithstanding any other provision of this title or other statute to the contrary.
(b) Proof at sentencing.--
Provisions of this section shall not be an element of the crime and notice thereof to the defendant shall not be required prior to conviction, but reasonable notice of the Commonwealth's intention to proceed under this section shall be provided after conviction and before sentencing. The applicability of this section shall be determined at sentencing. The sentencing court shall consider evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.
(c) Authority of court in sentencing.--
There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--
If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.
(e) Definition.--
As used in this section, the term "law enforcement officer" means a law enforcement officer or employee of the United States, a state, a political subdivision of a state or the District of Columbia.
(Apr. 13, 1988, P.L.336, No.47, eff. 60 days)
1988 Amendment.
Act 47 added section 9719.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9719.1 - Sentences for offenses committed against law enforcement officer

§ 9719.1. Sentences for offenses committed against law enforcement officer.
(a) Mandatory sentence.--
A person convicted of the following offense shall be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702.1(a)(1) (relating to assault of law enforcement officer) - not less than 20 years.
(b) Authority of court in sentencing.--
There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.
(c) Appeal by Commonwealth.--
If a sentencing court refuses to apply this section where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.
(d) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Law enforcement officer."
The term shall have the same meaning as the term "peace officer" is given under 18 Pa.C.S. § 501 (relating to definitions).
(Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Nov. 3, 2022, P.L.1634, No.99, eff. 60 days)
2022 Amendment.
Act 99 amended subsec. (a).
2008 Amendment.
Act 131 added section 9719.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720 - Sentencing for criminal mischief

§ 9720. Sentencing for criminal mischief.
(a) Sentencing.--
A person convicted of an offense under 18 Pa.C.S. §§ 3304(a)(4) (relating to criminal mischief) and 3307(a.1) (relating to institutional vandalism), and who in the opinion of the sentencing court would benefit, shall be sentenced to a term of supervised community service, including repairing or restoring damaged property, in accordance with the following:
(1) If the damage to the property is less than $200, the term of community service shall not be less than 50 days nor more than 74 days.
(2) If the damage to the property is at least $200 but less than $1,000, the term of community service shall not be less than 75 days nor more than 99 days.
(3) If the damage to the property is $1,000 or more, the term of community service shall not be less than 100 days nor more than 200 days.
(b) Satisfactory completion of community service program.--
Satisfactory completion of the community service program under subsection (a) shall result in a dismissal of charges and expungement of the record of the person sentenced under subsection (a). The court shall follow procedures similar to those established for the Accelerated Rehabilitative Disposition Program.
(Apr. 21, 1994, P.L.131, No.17, eff. 60 days)
1994 Amendment.
Act 17 added section 9720. See the preamble to Act 17 of 1994 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.1 - Restitution for identity theft (Repealed)

§ 9720.1. Restitution for identity theft (Repealed).
2009 Repeal.
Section 9720.1 was repealed September 18, 2009, P.L.391, No.42, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.2 - Sentencing for trafficking of persons

§ 9720.2. Sentencing for trafficking of persons.
Notwithstanding any other provision of law, a person who commits a violation of 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude) while violating:
(1) 18 Pa.C.S. § 2901 (relating to kidnapping);
(2) 18 Pa.C.S. § 3121 (relating to rape); or
(3) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse);
shall be sentenced up to a maximum term of life imprisonment.
(Nov. 9, 2006, P.L.1340, No.139, eff. 60 days; July 2, 2014, P.L.945, No.105, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.3 - Sentencing for certain paroled offenders

§ 9720.3. Sentencing for certain paroled offenders.
A person unlawfully present in the United States who is convicted in a court of this Commonwealth of an offense committed subsequent to being paroled under 61 Pa.C.S. § 6143 (relating to early parole of inmates subject to Federal removal order) may be imprisoned for a term up to twice the term of sentence otherwise authorized, fined an amount equal to twice the fine otherwise authorized or both.
(July 5, 2012, P.L.1050, No.122, eff. 60 days)
2012 Amendment.
Act 122 added section 9720.3.
Cross References.
Section 9720.3 is referred to in section 6143 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.4 - Sentencing for offenses committed in association with a criminal gang

§ 9720.4. Sentencing for offenses committed in association with a criminal gang.
(a) Sentencing enhancement.--
In addition to any minimum term of imprisonment authorized or established by law for the offense, the Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for a crime of violence, as defined in section 9714(g) (relating to sentences for second and subsequent offenses) or a violation of section 13(a)(30) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, if the offense was knowingly committed at the direction of or for the purpose of benefiting, promoting or furthering the interests of a criminal gang.
(b) Definition.--
As used in this section, the term "criminal gang" has the meaning given in 18 Pa.C.S. § 5131(e) (relating to recruiting criminal gang members).
(Oct. 25, 2012, P.L.1628, No.200, eff. 60 days)
2012 Amendment.
Act 200 added section 9720.4.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.5 - Sentencing for offenses involving sexual abuse of children

§ 9720.5. Sentencing for offenses involving sexual abuse of children.
(a) General rule.--
The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children), specifying variations from the range of sentences applicable based on such aggravating circumstances as the age of the child or a determination of prepubescence, the number of images possessed by the defendant, if the child depicted is known to the defendant and the nature and character of the abuse depicted in the images.
(b) Other circumstances.--
When a person commits an offense to which the grading provisions under 18 Pa.C.S. § 6312(d.1)(3) apply, the Pennsylvania Commission on Sentencing shall, in accordance with section 2154, provide for a sentence enhancement within its guidelines if indecent contact with the child as defined in 18 Pa.C.S. § 3101 (relating to definitions) is depicted and the child depicted is under 10 years of age or prepubescent.
(Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014; June 30, 2021, P.L.249, No.53, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.6 - Sentencing for arson offenses

§ 9720.6. Sentencing for arson offenses.
The Pennsylvania Commission on Sentencing shall provide for a sentencing enhancement for arson offenses if any of the following factors are present:
(1) bodily injury results to a firefighter, police officer or other person actively engaged in fighting the fire;
(2) serious bodily injury results to a civilian;
(3) more than three people were present inside the property at the time of the offense;
(4) the fire caused more than $1,000,000 in property damage; or
(5) the actor used, attempted to use or possessed an explosive or incendiary device as defined in 18 Pa.C.S. § 5515(a) (relating to prohibiting of paramilitary training).
(Feb. 25, 2014, P.L.33, No.16, eff. 60 days)
2014 Amendment.
Act 16 added section 9720.6.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.7 - Sentencing for burglary

§ 9720.7. Sentencing for burglary.
The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 3502(a)(1)(i)(relating to burglary).
(Nov. 4, 2016, P.L.1194, No.158, eff. 60 days)
2016 Amendment.
Act 158 added section 9720.7.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9720.8 - Sentencing for offenses involving domestic violence in the presence of a minor

§ 9720.8. Sentencing for offenses involving domestic violence in the presence of a minor.
(a) Sentencing enhancement.--
The Pennsylvania Commission on Sentencing, in accordance with section 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentence enhancement within its guidelines for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) or 2702 (relating to aggravated assault), specifying variations from the range of sentences applicable based on such aggravating circumstances as the assault was committed against a family or household member and the defendant knew the crime was witnessed, either through sight or sound, by a minor who is also a family or household member of the defendant or the victim.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Family or household member."
The term shall have the same meaning as "family or household members" under 23 Pa.C.S. § 6102 (relating to definitions).
(Oct. 24, 2018, P.L.1145, No.157, eff. 60 days)
2018 Amendment.
Act 157 added section 9720.8.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9722 - Order of probation

§ 9722. Order of probation.
The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of an order of probation:
(1) The criminal conduct of the defendant neither caused nor threatened serious harm.
(2) The defendant did not contemplate that his conduct would cause or threaten serious harm.
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or justify the criminal conduct of the defendant, though failing to establish a defense.
(5) The victim of the criminal conduct of the defendant induced or facilitated its commission.
(6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.
(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.
(8) The criminal conduct of the defendant was the result of circumstances unlikely to recur.
(9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime.
(10) The defendant is particularly likely to respond affirmatively to probationary treatment.
(11) The confinement of the defendant would entail excessive hardship to him or his dependents.
(12) Such other grounds as indicate the desirability of probation.
Cross References.
Section 9722 is referred to in section 9723 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9723 - Determination of guilt without further penalty

§ 9723. Determination of guilt without further penalty.
If in the light of all the circumstances, probation would be appropriate under section 9722 (relating to order of probation), but it appears that probation is unnecessary, the court may impose a sentence of guilty without further penalty.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9724 - Partial confinement

§ 9724. Partial confinement.
If in the light of all the circumstances, and when facilities are available, probation would be inappropriate, but it further appears that a sentence of total confinement would not be required in accordance with the criteria established in section 9725 (relating to total confinement), the court may impose a sentence involving partial confinement.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
Cross References.
Section 9724 is referred to in section 9802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9725 - Total confinement

§ 9725. Total confinement.
The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because:
(1) there is undue risk that during a period of probation or partial confinement the defendant will commit another crime;
(2) the defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
(3) a lesser sentence will depreciate the seriousness of the crime of the defendant.
Cross References.
Section 9725 is referred to in sections 9721, 9724, 9802 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9726 - Fine

§ 9726. Fine.
(a) Fine only.--
The court may, as authorized by law, sentence the defendant only to pay a fine, when, having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices.
(b) Fine as additional sentence.--
The court may sentence the defendant to pay a fine in addition to another sentence, either involving total or partial confinement or probation, when:
(1) the defendant has derived a pecuniary gain from the crime; or
(2) the court is of the opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the defendant.
(c) Exception.--
The court shall not sentence a defendant to pay a fine unless it appears of record that:
(1) the defendant is or will be able to pay the fine; and
(2) the fine will not prevent the defendant from making restitution or reparation to the victim of the crime.
(d) Financial resources.--
In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9729 - Intermediate punishment (Repealed)

§ 9729. Intermediate punishment (Repealed).
2000 Repeal.
Section 9729 was repealed June 22, 2000, P.L.345, No.41, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9730.2 - Sentence of community service

§ 9730.2. Sentence of community service.
A person sentenced to a term of supervised community service or required by a court or a paroling authority to participate in a public or nonprofit community service program may not purchase credit in lieu of performing the community service in any form, including:
(1) United States or foreign currency.
(2) A money order.
(3) A check.
(4) A prepaid debit or credit card.
(5) A gift card or certificate.
(6) Any other means of remuneration.
(Dec. 4, 2015, P.L.435, No.72, eff. 60 days)
2015 Amendment.
Act 72 added section 9730.2.