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Pennsylvania Statutes, Title 42

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Title 42, JUDICIARY AND JUDICIAL PROCEDURE

62 chapters · 1,261 sections in this title.

All chapters in Title 421,261 Ch 97, Sentencing160 Ch 83, Particular Rights and Immunities94 Ch 73, Arbitration83 Ch 59, Depositions and Witnesses73 Ch 63, Juvenile Matters64 Ch 91, Detainers and Extradition44 Ch 45, Juries and Jurors37 Ch 55, Limitation of Time37 Ch 21, Judicial Boards and Commissions35 Ch 35, Budget and Finance29 Ch 27, Office of the Clerk of the Court of …28 Ch 61, Rules of Evidence28 Ch 95, Post-trial Matters25 Ch 17, Governance of the System24

1,261 sections·Filtered byTitle 42✕

42 Pa.C.S. § 8924 Construction of subchapter
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This subchapter shall not be construed so as to make unlawful any arrest in this Commonwealth which would otherwise be lawful.
42 Pa.C.S. § 8931 Indictment and information
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(a) General rule.--Except as provided in subsection (b), no person shall, for any indictable offense, be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger or…
42 Pa.C.S. § 8932 Nolle prosequi or settlement
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After the commencement of a criminal matter by the filing of an information or otherwise, the district attorney shall not enter a nolle prosequi or dispose of the matter or discharge a prisoner from custody by means of a proceeding in lieu of a plea or trial without having obtain…
42 Pa.C.S. § 8933 Dismissal of criminal cases
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(a) General rule.--In a felony case where no attorney appears on behalf of the Commonwealth at a preliminary hearing or where the victim fails to appear, the issuing authority shall not discharge the defendant for this reason until the issuing authority makes a reasonable attempt…

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42 Pa.C.S. § 8934 Sealing of affidavits

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Upon a sufficient showing by the attorney for the Commonwealth at an ex parte hearing before a common pleas court judge, the court shall order the district attorney to seal the affidavit or affidavits setting forth probable cause for the issuance of a search warrant until the dat…

42 Pa.C.S. § 8951 Definitions

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The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Chief law enforcement officer." The head of a duly constituted municipal law enforcement agency which regularly pr…

42 Pa.C.S. § 8952 Primary municipal police jurisdiction

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Any duly employed municipal police officer shall have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office anywhere within his primary jurisdiction as to: (1) Any offense which the officer views or otherwise has probab…

42 Pa.C.S. § 8953 Statewide municipal police jurisdiction

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(a) General rule.--Any duly employed municipal police officer who is within this Commonwealth, but beyond the territorial limits of his primary jurisdiction, shall have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that off…

42 Pa.C.S. § 8953.1 Nonmunicipal police extraterritorial jurisdiction

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(a) Power and authority.--In addition to a power and authority vested by law, a nonmunicipal police officer who is within this Commonwealth, but beyond the territorial limit of the jurisdiction established for the officer's nonmunicipal police department by law, shall have the po…

42 Pa.C.S. § 8953.2 Agents of the Office of Attorney General

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(a) Power and authority.--An agent of the Office of Attorney General as defined in paragraph (2) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 (relating to definitions), in addition to the power and authority vested by law, shall have the power and authority to …

42 Pa.C.S. § 8954 Noncompliance with mandatory certification requirements

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Any person employed as a municipal police officer who is subject to the mandatory certification requirements of the training law and fails to obtain the required certification from the Commissioner of the Pennsylvania State Police within the time limits provided by law shall ceas…

42 Pa.C.S. § 8955 Interpretation

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The powers, authorities, duties, obligations and jurisdiction under this subchapter shall not be subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). (July 2, 2019, P.L.375, No.58, eff. imd.) 2019 Amendment. Act 58 added section 8…

42 Pa.C.S. § 9101 Agreement on detainers

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The Agreement on Detainers is hereby enacted into law and entered into by this Commonwealth with all other jurisdictions legally joining therein in the form substantially as follows: Agreement on Detainers The contracting states solemnly agree that: Article I The party states fin…

42 Pa.C.S. § 9102 Appropriate court

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The phrase "appropriate court" as used in the Agreement on Detainers shall mean, with reference to the courts of this Commonwealth, any court of common pleas or the Philadelphia Municipal Court.

42 Pa.C.S. § 9103 Enforcement and cooperation

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All government units of this Commonwealth are hereby directed to enforce the Agreement on Detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

42 Pa.C.S. § 9104 Second and subsequent offenses

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Nothing in this subchapter or in the Agreement on Detainers shall be construed to require the enhancement of any penalty imposed under the law of this Commonwealth on account of any conviction in another jurisdiction had in a proceeding brought to final disposition by reason of t…

42 Pa.C.S. § 9105 Escape

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Escape from custody while in another state pursuant to the Agreement on Detainers, shall constitute an offense against the laws of this Commonwealth to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been…

42 Pa.C.S. § 9106 Duty of warden or other official

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It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this Commonwealth to give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.

42 Pa.C.S. § 9107 Administrator and information agent

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The Department of Justice shall serve as central administrator of and information agent for the Agreement on Detainers. References in Text. The Department of Justice, referred to in this section, was reorganized into the Office of Attorney General by the act of October 15, 1980 (…

42 Pa.C.S. § 9108 Transmission of subchapter

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The Department of State shall certify and deliver a copy of this subchapter to the executive authority of each state.

42 Pa.C.S. § 9121 Short title of subchapter

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This subchapter shall be known and may be cited as the "Uniform Criminal Extradition Act."

42 Pa.C.S. § 9122 Definitions

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The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Executive authority." Includes the Governor and any person performing the functions of Governor in a state other t…

42 Pa.C.S. § 9123 Duty of Governor with respect to fugitives from justice

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Subject to the provisions of this subchapter, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this Commonwealth to have arrested and delivered up to the executive…

42 Pa.C.S. § 9124 Form of demand

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No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing, alleging, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time of commission of cr…

42 Pa.C.S. § 9125 Governor may investigate case

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When a demand shall be made upon the Governor of this Commonwealth by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this Commonwealth to investigate or as…

42 Pa.C.S. § 9126 § 9126

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(a) Extradition from another state.--When it is desired to have returned to this Commonwealth a person charged in this Commonwealth with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this Co…

42 Pa.C.S. § 9127 Extradition of persons not present in demanding state at time of commission of crime

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The Governor of this Commonwealth may also surrender on demand of the executive authority of any other state any person in this Commonwealth charged in such other state in the manner provided in section 9124 (relating to form of demand) with committing an act in this Commonwealth…

42 Pa.C.S. § 9128 Issue by Governor of warrant of arrest

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If the Governor decides that the demand should be complied with he shall sign a warrant of arrest which shall be sealed with the State seal and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substanti…

42 Pa.C.S. § 9129 Manner and place of execution

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Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within this Commonwealth and to command the aid of all peace officers or other persons in the execution of the warrant and to deli…

42 Pa.C.S. § 9130 Authority of arresting officer

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Every such peace officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those wh…

42 Pa.C.S. § 9131 Rights of accused person

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No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this Commonwealth who shall inform him of the d…

42 Pa.C.S. § 9132 Penalty for noncompliance

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Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the warrant of the Governor in willful disobedience to section 9131 (relating to rights of accused person) shall commit a misdemeanor of the third degree.

42 Pa.C.S. § 9133 Confinement in jail

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(a) General rule.--The officer or persons executing the Governor's warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city or borough through which he may pass, …

42 Pa.C.S. § 9134 Arrest prior to requisition

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Whenever any person within this Commonwealth shall be charged on the oath of any credible person before any judge or issuing authority of this Commonwealth with the commission of any crime in any other state, and, except in cases arising under section 9127 (relating to extraditio…

42 Pa.C.S. § 9135 Arrest without a warrant

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The arrest of a person may be lawfully made also by any peace officer or a private person without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, but whe…

42 Pa.C.S. § 9136 Commitment to await requisition

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If from the examination before the judge or issuing authority it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 9127 (relating to extradition of persons not present in demanding state at time …

42 Pa.C.S. § 9137 Bail

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Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or issuing authority in this Commonwealth may admit the person arrested to bail by bond with suf…

42 Pa.C.S. § 9138 Extension of time of commitment

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If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or issuing authority may discharge him or may recommit him for a further period, not to exceed 60 days, or a judge or issuing authority may again t…

42 Pa.C.S. § 9139 Forfeiture of bail

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If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or issuing authority by proper order shall declare the bond forfeited and order his immediate arrest without warrant if he be within this Commonwealth.…

42 Pa.C.S. § 9140 Persons under criminal prosecution in this Commonwealth at time of requisition

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If a criminal prosecution has been instituted against such person under the laws of this Commonwealth and is still pending, the Governor in his discretion either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discha…

42 Pa.C.S. § 9141 Inquiry into guilt or innocence of accused

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The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor, or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this subchapter shall have been presented to …

42 Pa.C.S. § 9142 Governor may recall warrant or issue another

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The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

42 Pa.C.S. § 9143 Duty of Governor in case of fugitives from this Commonwealth

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Whenever the Governor of this Commonwealth shall demand a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this Commonwealth, from the executive authority of any other state, or from the official of the District…

42 Pa.C.S. § 9144 Issuance of requisition

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(a) Return of accused.--When the return to this Commonwealth of a person charged with crime in this Commonwealth is required the prosecuting attorney shall present to the Governor his written application for a requisition for the return of the person charged, in which application…

42 Pa.C.S. § 9144.1 Payment of expenses, costs and fees

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All costs and expenses shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed: Provided, however, That all costs and expenses incurred by a county in extraditing a person who, upon release from a Federal prison, is apprehended o…

42 Pa.C.S. § 9145 Immunity from service of process in certain civil actions

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A person brought into this Commonwealth by or after waiver of extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings, to answer which he is being or has been returned, u…

42 Pa.C.S. § 9146 Written waiver of extradition proceedings

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(a) General rule.--Any person arrested in this Commonwealth charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in …

42 Pa.C.S. § 9146.1 Presigned waiver of extradition

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Notwithstanding any other provision of law, a law enforcement agency in this Commonwealth holding a person who is alleged to have broken the terms of his probation, parole, bail or any other release in the demanding state shall immediately deliver that person to the duly authoriz…

42 Pa.C.S. § 9147 Nonwaiver by Commonwealth

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Nothing in this subchapter contained shall be deemed to constitute a waiver by this Commonwealth of its right, power or privilege to try such demanded person for crime committed within this Commonwealth or of its right, power or privilege to regain custody of such person by extra…

42 Pa.C.S. § 9148 Liability to further criminal prosecutions

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After a person has been returned to this Commonwealth by or after waiver of extradition proceedings he may be tried in this Commonwealth for other crimes which he may be charged with having committed here, as well as the crimes specified in the requisition for his extradition.