Title 42, JUDICIARY AND JUDICIAL PROCEDURE

(a) Adverse impact.--The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions: (1)…

(a) General rule.--A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service of original process shall be made in accordance with the Pennsylvania Rules of Civil Procedure. (b) Posting at p…

Upon the filing of a motion for preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion for preliminary injunction within 10 business days of the filing. If it shall be made to appear, by affidavit or otherwise, that t…

At the time of an application for the issuance of a restraining order or an injunction if proof of the existence of the drug-related nuisance depends, in whole or part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of viole…

No bond shall be required to issue a preliminary injunction or special injunction sought by the district attorney or the solicitor for the county or municipality. A bond in an amount fixed and with security approved by the court may be required to issue a preliminary injunction o…

(a) Burden of proof.--The plaintiff must establish that a drug-related nuisance exists by a preponderance of the evidence. (b) Relief.--If the existence of a drug-related nuisance is found, the judgment may include actual damages and a temporary or permanent injunction to restrai…

(a) Contempt.--A violation of any court order issued under this subchapter is punishable as a contempt of court by a fine of not less than $500 nor more than $75,000. The court may order the sheriff or other proper officer of any county to take into custody and commit to jail any…

(a) No knowledge and abatement.--The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he had no knowledge of the drug-related nuisance and could not reasonably be expected to have such knowledge an…

If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter or the application of the provision to other persons or circumstances shall not be affected.

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Act." Includes a failure to act. "Commonwealth party." A Commonwealth agency and any employee thereof, but only with …

(a) Venue.--Except as otherwise prescribed by general rules the venue of any action or proceeding by a Commonwealth agency to enforce any statute or regulation or order of a government unit may be laid in any court having jurisdiction of the subject matter. (b) Bond.--Neither a C…

(a) General rule.--Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. (b) Federal courts.--Nothi…

(a) Liability imposed.--The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive, in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in secti…

(a) Venue.--Actions for claims against a Commonwealth party may be brought in and only in a county in which the principal or local office of the Commonwealth party is located or in which the cause of action arose or where a transaction or occurrence took place out of which the ca…

The following common law defenses are available: (1) An official of a Commonwealth agency, or a member of the General Assembly or the judiciary may assert on his own behalf, or the Commonwealth may assert on his behalf, defenses which have heretofore been available to such offici…

When an action is brought under this subchapter against an employee of the Commonwealth government, and it is alleged that the act of the employee which gave rise to the claim was within the scope of the office or duties of the employee, the Commonwealth through the Attorney Gene…

In any action initiated under this subchapter, the Commonwealth may set forth any cause of action or set-off which it has against the plaintiff. A counterclaim need not diminish or defeat the relief demanded by the plaintiff. It may demand relief exceeding in amount or different …

The Commonwealth shall indemnify against liability a municipal corporation for a claim against the municipal corporation arising from an act or omission of the municipal corporation, its officials, its employees or agents when participating in a program for the provision of medic…

(a) General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section. (b) Amount recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transaction…

Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person. Cross References. Section 8541 is referred to in sec…

(a) Liability imposed.--A local agency shall be liable for damages on account of an injury to a person or property within the limits set forth in this subchapter if both of the following conditions are satisfied and the injury occurs as a result of one of the acts set forth in su…

An employee of a local agency is liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency and subject to the limitations impose…

In any action brought against an employee of a local agency for damages on account of an injury to a person or property based upon claims arising from, or reasonably related to, the office or the performance of the duties of the employee, the employee may assert on his own behalf…

(a) Mandatory provision of legal assistance generally.--When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and it is alleged that the act of the employee which gave rise to the claim was within the scope of…

(a) Indemnity by local agency generally.--When an action is brought against an employee of a local agency for damages on account of an injury to a person or property, and he has given timely prior written notice to the local agency, and it is judicially determined that an act of …

In any action brought against an employee of a local agency for damages on account of an injury to a person or property in which it is judicially determined that the act of the employee caused the injury and that such act was, or that the employee in good faith reasonably believe…

In any action against a local agency or employee thereof for damages on account of an injury caused by the act of the employee in which it is judicially determined that the act of the employee caused the injury and that such act constituted a crime, actual fraud, actual malice or…

(a) General rule.--Actions for which damages are limited by reference to this subchapter shall be limited as set forth in this section. (b) Amounts recoverable.--Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactio…

The judgment in an action cognizable under section 8545 (relating to official liability generally) shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the local agency of which the defendant in such action is an employee. T…

If the judgment is obtained against a local agency that has procured a contract or policy of public liability insurance protection, the holder of the judgment may use the methods of collecting the judgment as are provided by the policy or contract and the laws of the Commonwealth…

For the payment of any judgment obtained under the provisions of this subchapter against a local agency that is a self-insurer or not fully covered by liability insurance, the manner of paying a money judgment shall be based upon a proof of indebtedness or evidence of any estimat…

(a) Rules and regulations.--A local agency may promulgate rules and regulations not inconsistent with this subchapter in order to implement the intent of this subchapter. (b) Delegation of duties.--Any duties placed upon a local agency under the provisions of this subchapter may …

(a) Purchase of liability insurance.--A local agency may purchase insurance on itself or its employees for any liability arising from the performance of their duties within the scope of their employment. (b) Employment of risk manager.--A local agency may employ a professional ri…

2006 Amendment. Section 8701 was deleted by amendment Nov. 29, 2006, P.L.1538, No.172, effective in 60 days.

(a) General rule.--If, upon motion and following a hearing, the court of common pleas determines that a fair and impartial jury cannot be impaneled in the county where the criminal complaint is filed, as an alternative to issuing an order for a change of venue the court may direc…

(a) General rule.--The arraignment of the defendant may be satisfied, in the discretion of the court, either by the physical appearance of the defendant before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the def…

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: "Confidential information." Any records, files, data or information, withheld as confidential, whether pursuant to …

The Attorney General, a district attorney, the Executive Director of the Crime Commission acting pursuant to a resolution of the Crime Commission or a committee or subcommittee of either House of the General Assembly having subpoena power to investigate criminal activity, may ex …

Any judge of the Commonwealth Court shall enter an order providing access to confidential information if, on the basis of a petition under section 8722 (relating to petition for access to confidential information), he finds that: (1) the petitioner is engaged in an ongoing invest…

(a) General rule.--Disclosure of confidential information shall be limited as follows: (1) disclosure by the Commonwealth agency holding such information shall be limited to persons personally and directly engaged in the ongoing investigation by the petitioner under section 8723 …

(a) Criminal penalties.--Any person who discloses any confidential information obtained under this subchapter other than as provided in section 8724 (relating to disclosure of confidential information) or otherwise authorized by law commits a felony of the third degree. (b) Civil…

1982 Repeal. Section 8901 was repealed June 15, 1982, P.L.512, No.141, effective in 60 days.

(a) General rule.--For any of the following offenses, a police officer shall, upon view, have the right of arrest without warrant upon probable cause when there is ongoing conduct that imperils the personal security of any person or endangers public or private property: (1) Under…

(a) General rule.--This subchapter shall apply only to peace officers of any state or political subdivision thereof which by its laws has made similar provision for the arrest and custody of persons closely pursued within the territory thereof. (b) Transmission of subchapter.--Th…

Any peace officer of another state who enters this Commonwealth in close pursuit of a person, and continues within this Commonwealth in such close pursuit, in order to arrest him, shall have the same authority to arrest and hold in custody such person on the ground that he has co…

If an arrest is made in this Commonwealth by an officer of another state, in accordance with the provisions of this subchapter, he shall, without unnecessary delay, take the person arrested before an issuing authority, who shall conduct a hearing for the sole purpose of determini…