Title 51, MILITARY AFFAIRS

(a) General rule.--The department shall furnish a United States flag to drape the casket of each deceased member who at the time of death was: (1) An active member of the Pennsylvania National Guard or the Pennsylvania Guard. (2) A retired member of the Pennsylvania National Guar…

It is hereby declared to be the policy of this Commonwealth that there shall be equality of treatment and opportunity for all persons in the Pennsylvania National Guard and the Pennsylvania Guard, without regard to race, creed, color, national origin or sex. Such policy shall be …

(a) Mandatory.-- (1) The following shall apply to paid military leaves of absence: (i) All officers and employees of the Commonwealth, its political subdivisions or their instrumentalities shall be entitled to paid military leaves of absence from their respective duties without l…

The uniform and accoutrements of every commissioned officer and enlisted person shall be free from all suits, distresses, executions or sales for debt or payment of taxes. (Oct. 4, 1978, P.L.909, No.173, eff. 60 days) Cross References. Section 4103 is referred to in section 8124 …

No officer or enlisted person shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from, a place where he is ordered to attend for military duty.

No civil process shall issue or be enforced against any officer or enlisted person of the Pennsylvania National Guard in the active service of the Commonwealth during so much of the term as he shall be engaged in active service under orders nor until 30 days after he shall have b…

In addition to the exemptions now allowed by law, any person who shall have performed duty in the Pennsylvania National Guard for a period of nine years or who served for nine months or a longer period in active service of the United States and was honorably discharged or mustere…

Members of the Pennsylvania Military Forces on State duty shall receive legal assistance from the Commonwealth for any charge of criminal or civil liability resulting from their duty. The assistance shall be limited to members acting under lawful orders or on good faith reliance …

The Commonwealth of Pennsylvania shall be responsible for the payment of all judgments and costs secured against a member of the Pennsylvania Military Forces on State duty who was acting under lawful orders or who in good faith relied on an order which a reasonable person would c…

2025 Repeal. Section 4109 was repealed October 27, 2025, P.L.131, No.40, effective in 30 days.

2025 Repeal. Section 4110 was repealed October 27, 2025, P.L.131, No.40, effective in 30 days.

The Commonwealth of Pennsylvania does hereby join, approve and become a party to a solemn compact with the State of New Jersey and the State of New York and any other state concurring therein or otherwise approving thereof, in form and terms as heretofore agreed to by the Governo…

This chapter relates to deployed parents custody and visitation.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Adult." An individual who has attained 18 years of age or an emancipated minor. "Caretaking authority." The right to li…

In addition to other remedies under law of this Commonwealth other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court …

(a) Exercise.--A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under 23 Pa.C.S. Ch. 54 (relating to uniform child custody jurisdiction and enforcement). (b) Order of temporary custodial responsibility.--If a cour…

(a) Pending deployment.--Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall provide the other parent with notice in a record of a pending deployment: (1) not later than 72 hours after receiving notice of deployment unless reason…

In a proceeding for custodial responsibility of a child of a deploying parent, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of…

(a) Authorization.--The parents of a child may enter into an agreement under this subchapter granting temporary custodial responsibility during deployment. (b) Formation.--An agreement entered into under subsection (a) must: (1) be in a record; (2) be provided by the deploying pa…

(a) Temporary.-- (1) An agreement entered into under this subchapter is temporary and terminates under Subchapter D (relating to return from deployment) after the deploying parent returns from deployment unless the agreement has been terminated before that time by court order or …

(a) Authorization.--The parents may modify or terminate an agreement regarding custodial responsibility entered into under this subchapter. (b) Prior to deployment.-- (1) If an agreement is modified before deployment, the modification must be in a record and signed by: (i) both p…

(a) Authorization.--A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult family member or spouse for the period of deployment if: (1) the deploying parent has sole legal custody pursuant to a court order under the laws of this…

A copy of an agreement entered into or power of attorney made under this subchapter shall be filed within a reasonable time with a court that has issued an order regarding custodial responsibility or child support which is in effect concerning the child who is the subject of the …

(a) Authorization.--After the deploying parent receives notice of deployment and until the deployment terminates, a court may issue an order granting temporary custodial responsibility unless prohibited by 50 U.S.C. §§ 3931 (relating to protection of servicemembers against defaul…

If a motion to grant custodial responsibility is filed under section 4621(b) (relating to proceeding for order) before the deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under this subchapter, a party or witness who is not reasonably available to appear personally may appear, provide testimony and present evidence by electronic means, unless the court finds good cause to require a personal appearance.

The failure of a deploying parent to appear in court due to deployment shall not, by itself, be sufficient to justify a modification of an order concerning custodial responsibility.

In a proceeding for a grant of custodial responsibility under this subchapter, the following apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this Com…

(a) Authorization.--On motion of a deploying parent and in accordance with law of this Commonwealth other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult with whom the child has a close and subst…

If the deploying parent is unable to exercise the scope of legal custody awarded to the deploying parent, a court may grant part of the deploying parent's scope of legal custody to a nonparent who is an adult with whom the child has a close and substantial relationship. A court o…

On motion of a deploying parent, and in accordance with law of this Commonwealth other than this chapter, unless a court finds that limited contact would be contrary to the best interest of the child, the court shall grant limited contact to a nonparent who is an individual with …

(a) Duration and effect.--A grant of authority under this subchapter is temporary and terminates under Subchapter D (relating to return from deployment) after the return from deployment of the deploying parent unless the grant has been terminated before that time by court order. …

(a) Time and identification.--An order granting custodial responsibility issued under this subchapter shall: (1) designate the order as temporary; and (2) identify to the extent feasible the destination, duration and conditions of the deployment. (b) Terms.--If applicable, an ord…

If a court has issued an order granting caretaking authority under this subchapter or an agreement granting caretaking authority has been entered into under Subchapter B (relating to agreement addressing custodial responsibility during deployment), the court may enter a temporary…

(a) Authorization.-- (1) Except for an order under section 4625 (relating to effect of prior judicial order or agreement) or as otherwise provided under subsection (b) and consistent with 50 U.S.C. §§ 3931 (relating to protection of servicemembers against default judgments) and 3…

(a) Agreement to terminate.--After the deploying parent returns from deployment, an agreement granting custodial responsibility under Subchapter B (relating to agreement addressing custodial responsibility during deployment) may be terminated by an agreement to terminate signed b…

(a) Filing of agreement.-- (1) After the deploying parent returns from deployment, both parents may file with the court an agreement to terminate an order for temporary custodial responsibility issued under Subchapter C (relating to judicial procedure for granting custodial respo…

Upon petition of a deploying parent who has returned from deployment, the court shall issue an order granting the deploying parent reasonable contact with the child until the agreement entered into under Subchapter B (relating to agreement addressing custodial responsibility duri…

(a) Absence of filed agreement.--If an agreement to terminate an order for temporary custodial responsibility issued under Subchapter C (relating to judicial procedure for granting custodial responsibility during deployment) has not been filed, the order shall terminate 60 days a…

To the extent permitted by 15 U.S.C. § 7002 (relating to exemption to preemption), this chapter may supersede provisions of that act.

This chapter does not affect the validity of any court order or agreement concerning custodial responsibility during deployment which was issued or entered into before the effective date of this section.

(a) General rule.--No military forces of this Commonwealth, other than the Pennsylvania National Guard, shall be required to serve outside the boundaries of this Commonwealth, except that any organization, unit or detachment of such forces, upon order of the officer in immediate …

(a) General rule.--Any military forces, or organization, unit or detachment thereof, of another state, who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces, may continue such pursuit into this Commonwealth until the military or police forces of this Co…

2012 Repeal. Section 5100 was repealed October 24, 2012, P.L.1506, No.192, effective in one year.

This part shall be known and may be cited as the Pennsylvania Code of Military Justice.

Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indi…