42 Pa.C.S. § 404

This is the official text of 42 Pa.C.S. § 404, part of Pennsylvania’s Pa.C.S — part of the compiled statutory law of Pennsylvania, published by the state as "Pa.C.S." Browse the sections below, each linked to its official government source.

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Effective date.

Official statutory text

This act shall take effect in 60 days except that:

(1) The amendment adding 42 Pa.C.S. § 762(a)(1)(ii) (relating to appeals from courts of common pleas) shall take effect immediately and shall be retroactive to December 5, 1980.

(2) The amendments to 42 Pa.C.S. §§ 4303(a) (relating to effect of judgments and orders as liens), 5501(a) (relating to scope of chapter) and 8301 (relating to death action) effected by this act shall take effect immediately and shall be retroactive to June 27, 1978. 1984, JULY 10, P.L.708, NO.150 § 3. Election of additional judges. The vacancies created by the new judgeships added by section 1 of this act shall be filled by election at the first municipal election occurring after the effective date of this act, except that the vacancies created in the fifth, twenty-fourth and

thirty-second judicial districts shall be filled pursuant to 42 Pa.C.S. § 3135 (relating to increase in number of judges). Explanatory Note. Act 150 amended or added sections 911, 4122 and 4124 of Title 42. 1986, APRIL 30, P.L.135, NO.41 § 6. Effect on existing guidelines, rules, regulations and members.

(a) Guidelines, rules and regulations.--Each guideline, rule and regulation of the commission in effect on the effective date of this act shall remain in effect after such date until amended by the commission, provided that the commission shall immediately initiate the repeal or amendment of any rule or regulation which is inconsistent with the provisions of this act.

(b) Members.--Members of the Pennsylvania Commission on Sentencing constituted under 42 Pa.C.S. § 2152 (relating to composition of commission), as of the effective date of this act, shall continue to serve as members until their present terms of office expire, provided that any present commission member whose term has expired on or before the effective date of this act shall serve until a successor has been appointed and qualified, but no longer than six months after the effective date of this act. Explanatory Note. Act 41 reestablished the Pennsylvania Commission on Sentencing and amended or added sections 2151, 2152, 2153 and 2156 of Title 42. § 7. Reestablishment of Pennsylvania Commission on Sentencing. This act, with respect to the Pennsylvania Commission on Sentencing, constitutes the legislation required to reestablish an agency under the act of December 22, 1981 (P.L.508, No.142), known as the Sunset Act. § 8. Effective date. This act shall take effect May 1, 1986. 1986, DECEMBER 22, P.L.1744, NO.213 § 2. Election of additional judges. The vacancies created by the new judgeships added by section 1 of this act shall be filled pursuant to 42 Pa.C.S. § 3135 (relating to increase in number of judges), except that the vacancies created in the fourteenth, twenty-third, thirty-second, thirty-third, thirty-eighth, forty-second and forty-fifth judicial districts shall be filled by election at the first municipal election occurring after the effective date of this act. Explanatory Note. Act 213 amended section 911 of Title 42. § 3. Applicability. This act shall apply to the twenty-sixth judicial district on January 1, 1989. 1988, MARCH 22, P.L.240, NO.26
enty-third, thirty-second, thirty-third, thirty-eighth, forty-second and forty-fifth judicial districts shall be filled by election at the first municipal election occurring after the effective date of this act. Explanatory Note. Act 213 amended section 911 of Title 42. § 3. Applicability. This act shall apply to the twenty-sixth judicial district on January 1, 1989. 1988, MARCH 22, P.L.240, NO.26

§ 2. Legislative review of sentencing guidelines. Any sentencing guidelines adopted by the Pennsylvania Commission on Sentencing and disapproved by the General Assembly prior to the effective date of this act shall be deemed null and void upon the adoption of sentencing guidelines subsequent to the effective date of this act and pursuant to this section. Notwithstanding the requirements set forth in 42 Pa.C.S. § 2155 (relating to publication of guidelines for sentencing), those guidelines published in the Pennsylvania Bulletin on December 5, 1987, and adopted by the commission on February 22, 1988, shall be submitted to the standing committee of each house of the General Assembly which has been designated to perform the responsibilities established pursuant to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, relevant to the commission within five days of the effective date of this act; and the General Assembly may, by concurrent resolution, reject in their entirety said guidelines within 30 days from the date that said guidelines are submitted to the designated standing committee of each house of the General Assembly, and said guidelines shall become effective 30 days after such submittal unless disapproved pursuant to this section. The guidelines shall apply to all offenses committed on or after the effective date of the adopted guidelines. Explanatory Note. Act 26 amended section 2155 of Title 42. 1990, DECEMBER 7, P.L.619, NO.159 § 2. Judgeships in First Judicial District. The first judges elected to the five judgeships in the First Judicial District established by section 1 shall, for five years, devote their full time to presiding over criminal cases involving violations of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, and other related offenses. Explanatory Note. Act 159 amended section 911 of Title 42. § 3. Filling of new judgeships.

(a) Election.--Except as provided in subsection (b), the vacancies created by the new judgeships added by section 1 (section 911) shall be filled by election at the first municipal election occurring after the effective date of this act.

(b) Appointment.--The new judgeship added by section 1 (section 911) in the Seventh Judicial District shall be filled by appointment of the Governor. 1992, DECEMBER 18, P.L.1269, NO.167 § 5. Increases in court costs.

(a) Applicability.--The increases in court costs authorized by this act and their corresponding inflators that are payable to the Commonwealth shall be exempt from the provisions of 42 Pa.C.S. § 3733(a). The balance of the court costs payable to the Commonwealth and their corresponding inflators shall be subject to the provisions of 42 Pa.C.S. § 3733(a).
269, NO.167 § 5. Increases in court costs.

(a) Applicability.--The increases in court costs authorized by this act and their corresponding inflators that are payable to the Commonwealth shall be exempt from the provisions of 42 Pa.C.S. § 3733(a). The balance of the court costs payable to the Commonwealth and their corresponding inflators shall be subject to the provisions of 42 Pa.C.S. § 3733(a).

(b) Distribution of partial payments.--Any partial payment of court costs shall be distributed on a pro rata basis among those entitled to receive such costs.

Explanatory Note. Act 167 amended or added sections 1515, 1725.1, 1726 and 3571, Subchapter F of Chapter 35 and section 9730 of Title 42 and section 153 of Title 15 (Corporations and Unincorporated Associations). § 6. Revision of official revenue estimate. Notwithstanding any other provisions of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, to the contrary, the Department of Revenue, in conjunction with the Secretary of the Budget, may, within 60 days of the effective date of this act, revise the official revenue estimate for the Commonwealth to account for additional revenues anticipated to be generated by changes to court costs included in this act. § 8. Commencement of compensation increases. Any increase in the compensation of any official provided for in this act shall commence when permitted by the Constitution of Pennsylvania. 1993, JULY 2, P.L.395, NO.56 § 10. Transition provisions.

(a) Members, proceedings and records of Judicial Inquiry and Review Board.--The members of the Judicial Inquiry and Review Board shall vacate their offices on the effective date of this act, and all proceedings pending before the Judicial Inquiry and Review Board and all records shall be transferred to the Judicial Conduct Board for further proceedings.

(b) Transfers to new board and court.--There are hereby transferred to the Judicial Conduct Board to be used, employed and expended in connection with the functions, powers and duties of the board, the personnel, contract obligations, if any, files, property and equipment of the Judicial Inquiry and Review Board and two-thirds of the unexpended balances of appropriations, allocations or other funds available or to be made available to the Judicial Inquiry and Review Board for the 1992-1993 and 1993-1994 fiscal years. There are hereby transferred to the Court of Judicial Discipline to be used, employed and expended in connection with the functions, powers and duties of the court, one-third of the unexpended balances of appropriations, allocations or other funds available or to be made available to the Judicial Inquiry and Review Board for the 1992-1993 and 1993-1994 fiscal years. Explanatory Note. Act 56 amended, added or repealed sections 725 and 727, Article F of Subpart A of Part II, section 1722,

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