Title 42, JUDICIARY AND JUDICIAL PROCEDURE

All costs and expenses shall be paid out of the county treasury in the county wherein charges were filed in connection with the alleged crime.

Whenever a treaty is in force providing for the transfer of convicted offenders between the United States and a foreign country, the Governor or his designee, upon application of the Secretary of Corrections, is authorized to give the approval of the Commonwealth to transfer as p…

All procedures, motions and other matters relating to the trial, by jury or otherwise, of any criminal proceeding shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.

The trial of a criminal proceeding shall be deemed to commence and terminate at the times or on the occurrence of events prescribed by general rules.

Notwithstanding the provisions of 1 Pa.C.S. § 1933 (relating to particular controls general) or any other statute to the contrary, where the same conduct of a defendant violates more than one criminal statute, the defendant may be prosecuted under all available statutory criminal…

Except as otherwise provided by this chapter all post-trial procedures, motions and other matters relating to any criminal proceeding shall be conducted in the manner, at the times, on the terms and conditions and in the form prescribed by general rules.

(a) Requirements.--A person who engages in defense-initiated victim or witness outreach shall: (1) Communicate in an honest manner without deception or misrepresentation. (2) Unambiguously provide the person's identity by name, the person's employer and, if applicable, the name o…

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.)

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…

(a) General rule.--To be eligible for relief under this subchapter, the petitioner must plead and prove by a preponderance of the evidence all of the following: (1) That the petitioner has been convicted of a crime under the laws of this Commonwealth and is at the time relief is …

(a) Motion.-- (1) An individual convicted of a criminal offense in a court of this Commonwealth may apply by making a written motion to the sentencing court at any time for the performance of forensic DNA testing on specific evidence that is related to the investigation or prosec…

(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…

(a) Original jurisdiction.--Original jurisdiction over a proceeding under this subchapter shall be in the court of common pleas. No court shall have authority to entertain a request for any form of relief in anticipation of the filing of a petition under this subchapter. (b) Time…

(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 stat…

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 …

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 …

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 …

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 …

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 …

(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…

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.

(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 coll…

(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 ele…

(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…

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 …

(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 warran…

(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) D…

(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 judgme…

(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 o…

(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 kno…

This chapter shall be known and may be cited as the "Sentencing Code."

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,…

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.

(a) Procedure in jury trials.-- (1) After a verdict of murder of the first degree is recorded and before the jury is discharged, the court shall conduct a separate sentencing hearing in which the jury shall determine whether the defendant shall be sentenced to death or life impri…

(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 t…

(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second an…

(a) Mandatory sentence.--Any person who is convicted of 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, when at the time of the offense the person or the person's accomplice is in ph…

(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second an…

(a) Mandatory sentence.-- (1) Any person who is convicted in any court of this Commonwealth of a crime of violence shall, if at the time of the commission of the current offense the person had previously been convicted of a crime of violence, be sentenced to a minimum sentence of…

(a) Mandatory life imprisonment.--Notwithstanding the provisions of section 9712 (relating to sentences for offenses committed with firearms), 9713 (relating to sentences for offenses committed on public transportation) or 9714 (relating to sentences for second and subsequent off…

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 refer…

(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 …

(a) Mandatory sentence.-- (1) A person convicted of the following offenses when the victim is less than 16 years of age 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. 1…

(a) General rule.--A person, including an offender designated as a "sexually violent predator" as defined in section 9799.12 (relating to definitions) or 9799.53 (relating to definitions), shall attend and participate in a Department of Corrections program of counseling or therap…

(a) Mandatory sentence.-- (1) Any person who is convicted in any court of this Commonwealth of an offense set forth in section 9799.14 (relating to sexual offenses and tier system) shall, if at the time of the commission of the current offense the person had previously been convi…

2012 Expiration. Section 9718.3 expired December 20, 2012. See Act 111 of 2011.