Pennsylvania Consolidated & Unconsolidated Statutes
Title 51 - MILITARY AFFAIRS

Section 502 - Acceptance of Federal allotment for Pennsylvania National Guard - The Governor shall accept for the Commonwealth allotments of military...

Section 503 - Training and Federal property of Pennsylvania National Guard - The Governor shall assume the obligation of carrying out the...

Section 504 - Permanent location of Pennsylvania National Guard units - The Governor shall establish the permanent location, within the boundaries...

Section 505 - Change in organization of Pennsylvania National Guard - The Governor shall organize or reorganize any organization or unit...

Section 506 - Organization of Pennsylvania Guard for emergency - Whenever the Pennsylvania National Guard, or any part thereof, shall...

Section 506.1 - Use of Pennsylvania National Guard for special State duty - (a) Authorization.--The Governor may place, or delegate authority to the...

Section 507 - Draft from militia for emergency - The Governor shall have the power to order out for...

Section 508 - Active duty for emergency - (a) State duty.--The Governor may place the Pennsylvania National Guard,...

Section 509 - Coordination with adjacent states - The Governor shall confer with the Governors or proper authorities...

Section 510 - Promulgation of regulations and rules - The Governor shall promulgate such rules and regulations as he...

Section 511 - Issuing flags, standards and guidons - The Governor as Commander-in-Chief is hereby authorized to procure and...

Section 512 - Display of POW/MIA flag - The POW/MIA flag may be displayed at the western entrance...

Chapter 7 - Department of Military Affairs

Extra - Chapter Notes - Enactment. Chapter 7 was added August 1, 1975, P.L.233, No.92,...

Section 701 - Overall powers of department - (a) Powers and duties.--The department shall continue to exercise the...

Section 702 - Duties of department - The department shall have the power and its duty shall...

Section 703 - Administration, supply and supervision of military forces - The department shall be specifically responsible for the administration and...

Section 704 - Advisory councils for veterans' homes - (a) Establishment of advisory council.--There is hereby established an advisory...

Section 705 - Burial details for veterans - (a) Authority.--The department shall have the power to arrange for...

Section 706 - Cooperative agreements - The department may enter into cooperative agreements with the Federal...

Section 707 - Training areas - (a) Acquisition.--Upon the request of the Adjutant General and with...

Section 708 - Fort Indiantown Gap - (a) Operation.--The Adjutant General is authorized to promulgate rules, regulations...

Section 709 - Operation of State-owned vehicles - (a) Authority.-- (1) The department shall have the authority to...

Section 710 - Pennsylvania Veterans' Monuments and Memorial Trust Fund - (a) Establishment and administration.--There is established a separate fund in...

Section 711 - Installation of police officers for Fort Indiantown Gap and other designated Commonwealth military installations and facilities - (a) Appointment.--The Adjutant General may issue commissions to Commonwealth employees...

Section 712 - Veterans registry - (a) Establishment of veterans registry.--The department shall establish a registry...

Section 713 - Civil Air Patrol - (a) Liaison.--The department shall be a liaison for the Civil...

Chapter 9 - The Adjutant General

Extra - Chapter Notes - Enactment. Chapter 9 was added August 1, 1975, P.L.233, No.92,...

Section 901 - Appointment of Adjutant General, deputies and assistants - (a) Appointment.--The Governor shall appoint the Adjutant General with the...

Section 902 - General powers and duties of Adjutant General - The Adjutant General as head of the department is responsible...

Section 903 - Providing subsistence, supplies, equipment and expenses - The necessary subsistence, supplies, equipment and expenses incident to any...

Section 904 - Payment of emergency expenses - When the Pennsylvania National Guard, or any portion thereof, is...

Section 905 - Approving appointment of Federal personnel - The Adjutant General shall approve all appointments of personnel authorized...

Section 906 - Delegating responsibility for requisitioning Federal supplies - The responsibility of requisitioning, procurement, storage and issue of Federal...

Section 907 - Augmenting department headquarters staff - (a) General rule.--With the approval of the Governor, the Adjutant...

Section 908 - Expenditures in connection with distinguished guests - The Adjutant General is authorized to expend, not to exceed...

Chapter 11 - Pennsylvania National Guard

Extra - Chapter Notes - Enactment. Chapter 11 was added August 1, 1975, P.L.233, No.92,...

Section 1101 - Pennsylvania National Guard as organized peacetime force - The organized armed forces of this Commonwealth during time of...

Section 1102 - Composition and organization - The Pennsylvania National Guard shall consist of such personnel as...

Section 1103 - General officers - (a) General rule.--Persons commissioned to and holding in the Pennsylvania...

Section 1104 - Composition of units - The composition of all units of the Pennsylvania National Guard,...

Section 1105 - Powers of a commanding general - A general officer of the Pennsylvania National Guard commanding a...

Section 1106 - Disbandment of units - If it appears to the Governor as Commander-in-Chief that a...

Section 1107 - Retention of ancient privileges - Any unit of artillery, cavalry or infantry existing in this...

Section 1108 - Administration of oaths and affirmations - (a) General rule.--General officers, field grade officers, adjutants, administrative officers...

Chapter 13 - Pennsylvania Guard

Extra - Chapter Notes - Enactment. Chapter 13 was added August 1, 1975, P.L.233, No.92,...

Section 1301 - Composition of Pennsylvania Guard - The Pennsylvania Guard shall consist of such units as may...

Section 1302 - Designation and change of location of units - The Governor shall designate the location of the several organizations...

Section 1303 - General officers of Pennsylvania Guard - (a) General rule.--Persons commissioned to and holding in the Pennsylvania...

Chapter 15 - State Armory Board

Extra - Chapter Notes - Enactment. Chapter 15 was added August 1, 1975, P.L.233, No.92,...

Section 1500 - Definitions - The following words and phrases when used in this chapter...

Section 1501 - Composition and general functions - The board shall consist of the Adjutant General, who shall...

Section 1502 - Erection of armories - The board may, with money appropriated to it from the...

Section 1503 - Management of armories - The board shall constitute a board for the general management...

Section 1503.1 - Management of buildings and structures located at Fort Indiantown Gap - The board is authorized to direct the administration and utilization...

Section 1504 - Purchase or lease of ground for armories - The board may, with money appropriated to it from the...

Section 1505 - Donation of land by political subdivisions - It shall be lawful for any county, city, borough, town...

Section 1506 - Donation of property and services by political subdivisions - (a) General rule.--Any political subdivision of this Commonwealth is hereby...

Section 1507 - Sale of unusable armories and land; sale or lease of timber and mineral rights - (a) General rule.-- (1) When the board determines that an...

Section 1508 - Payment of armory rentals by Commonwealth - The annual rental of all armories and buildings not owned...

Section 1509 - Rental or lease of armories and of buildings or structures at Fort Indiantown Gap - (a) Rental or lease of armories.--The board is authorized to...

Section 1510 - Property in armories of units in Federal service - (a) Custody and use.--When units of the Pennsylvania National Guard...

Section 1511 - State Treasury Armory Fund - (a) Establishment.--There is hereby established in the State Treasury a...

Section 1512 - Maintenance, construction and repairs - Notwithstanding the provisions of any other law, the board may...

Chapter 17 - State Veterans' Commission and Deputy Adjutant General for Veterans' Affairs

Extra - Chapter Notes - Enactment. Chapter 17 was added April 29, 1998, P.L.296, No.49,...

Section 1701 - Definitions - The following words and phrases when used in this chapter...

Section 1702 - State Veterans' Commission - (a) Establishment.--There is hereby established within the department an advisory...

Section 1703 - General powers and duties - The commission shall advise the Adjutant General and the department...

Section 1704 - Specific powers and duties - The commission shall have the following powers and duties: (1)...

Section 1705 - Veterans' home hall of fame - (a) General rule.--Each veterans' home operated by the Commonwealth shall...

Section 1711 - Qualifications and status - (a) Deputy Adjutants General.--In addition to such other Deputy Adjutants...

Section 1712 - Specific duties - In addition to such other duties as may be provided...

Section 1721 - Veterans' Trust Fund - (a) Source of revenue.--In addition to transfers under section 1719-G...

Section 1731 - Accreditation - (a) Eligibility.--In order to be eligible for appointment as a...

Chapter 19 - Pennsylvania Veterans' Memorial Commission

Extra - Chapter Notes - Enactment. Chapter 19 was added December 4, 1992, P.L.771, No.119,...

Section 1901 - Legislative findings (Expired) - 2005 Expiration. Section 1901 expired June 30, 2005. See Act...

Section 1902 - Definitions (Expired) - 2005 Expiration. Section 1902 expired June 30, 2005. See Act...

Section 1903 - Pennsylvania Veterans' Memorial Commission (Expired) - 2005 Expiration. Section 1903 expired June 30, 2005. See Act...

Section 1904 - Duties of commission (Expired) - 2005 Expiration. Section 1904 expired June 30, 2005. See Act...

Section 1905 - Pennsylvania Veterans' Memorial Trust Fund (Repealed) - 2018 Repeal. Section 1905 was repealed June 28, 2018, P.L.432,...

Section 1906 - Expiration (Repealed) - 2018 Repeal. Section 1906 was repealed June 28, 2018, P.L.432,...

Chapter 21 - General Service

Extra - Chapter Notes - Enactment. Chapter 21 was added August 1, 1975, P.L.233, No.92,...

Section 2101 - Exemption from militia duty - (a) General rule.--Members of the General Assembly, the judiciary and...

Chapter 23 - Pennsylvania National Guard

Extra - Chapter Notes - Enactment. Chapter 23 was added August 1, 1975, P.L.233, No.92,...

Section 2301 - Appointment of commissioned officers - All commissioned officers shall be appointed by the Governor and...

Section 2302 - Appointment of warrant officers - All warrant officers shall be appointed by the Governor and...

Section 2303 - Oath of commissioned and warrant officers - All commissioned officers and warrant officers shall take the following...

Section 2304 - Compensation of military officers in service to the Commonwealth - The following apply: (1) The annual salary of the Adjutant...

Section 2305 - Promotion of commissioned and warrant officers - The Governor has the power to promote officers and warrant...

Section 2306 - Powers of commissioned, warrant and noncommissioned officers - Commissioned officers, warrant officers and noncommissioned officers of the Pennsylvania...

Section 2307 - Uniforms of commissioned officers - Every commissioned officer and warrant officer shall furnish his own...

Section 2308 - Term of commissioned and warrant officers - The term of every commissioned officer and warrant officer shall...

Section 2309 - Discharge and removal of commissioned and warrant officers - (a) Discharge for unfitness.--At any time, the moral character, capacity...

Section 2310 - Holding officers as supernumerary pending settlement - A commissioned officer responsible for Commonwealth funds or Commonwealth property...

Section 2311 - Enlistment of enlisted personnel - (a) Qualifications.--Every enlisted person shall meet all the qualifications prescribed...

Section 2312 - Discharge of enlisted personnel - (a) General rule.--An enlisted person discharged from service in the...

Section 2313 - Retired Pennsylvania National Guard personnel - (a) Promotions.--Every former officer, warrant officer or enlisted person may...

Section 2314 - Status when called into temporary Federal service - (a) General rule.--When any or all parts of the Pennsylvania...

Section 2315 - Status when ordered into active Federal service - (a) General rule.--When any or all of the units and...

Section 2316 - Transfer of unaccepted personnel to Pennsylvania Guard - When the Pennsylvania National Guard, or any part thereof, is...

Section 2317 - Temporary commander of unit - When a unit is without commissioned officers from any cause,...

Chapter 25 - Pennsylvania Guard

Extra - Chapter Notes - Enactment. Chapter 25 was added August 1, 1975, P.L.233, No.92,...

Section 2501 - Oath of commissioned officers - Each commissioned officer before entering upon the duties of his...

Section 2502 - Physical qualifications of officers and enlisted personnel - The Governor will, by executive order, prescribe the age limitations...

Section 2503 - Enlistment contract and oath - Every person enlisting in the Pennsylvania Guard shall sign an...

Section 2504 - Retirement of commissioned officers and enlisted personnel - Commissioned officers and enlisted personnel of the Pennsylvania Guard shall...

Chapter 31 - Pennsylvania National Guard

Extra - Chapter Notes - Enactment. Chapter 31 was added August 1, 1975, P.L.233, No.92,...

Section 3101 - Pay of officers and enlisted personnel on special duty - Members of the Pennsylvania National Guard or Pennsylvania Guard may...

Section 3102 - Pay of officers and enlisted personnel in active State service - (a) General rule.--When the Pennsylvania National Guard or Pennsylvania Guard,...

Section 3103 - Transportation and expenses of personnel on special duty - Personnel in attendance upon court-martial, boards of examination, fitness boards...

Section 3104 - Tuition credit (Repealed) - 1996 Repeal. Section 3104 was repealed June 19, 1996, P.L.344,...

Section 3105 - Association group life insurance for Pennsylvania National Guard - (a) Voluntary participation for group life insurance.--The Adjutant General may...

Chapter 32 - Military Educational Programs

Extra - Chapter Notes - Enactment. Chapter 32 was added June 19, 1996, P.L.344, No.56,...

Section 3201 - Definitions - The following words and phrases when used in this subchapter...

Section 3202 - Eligibility - (a) General rule.--A member of the Pennsylvania National Guard is...

Section 3203 - Certification of eligibility - The department shall certify members of the Pennsylvania National Guard...

Section 3204 - Grants - (a) General rule.--From the funds appropriated for the purposes of...

Section 3205 - Amount of grants - (a) Full-time educational assistance grants.--Grants awarded under this subchapter to...

Section 3206 - Limitations - (a) Time.-- (1) Except as otherwise provided in paragraph (2),...

Section 3207 - Recoupment of grant payments - (a) General rule.--An eligible member who fails to meet the...

Section 3208 - (Reserved) - (July 1, 2019, P.L.233, No.32, eff. imd.)

Section 3209 - Administration - (a) Appropriation and administrative costs.--The General Assembly shall appropriate funds...

Section 3210 - Educational Assistance Program Fund - (a) Establishment.--The Educational Assistance Program Fund is established as a...

Section 3210.1 - Definitions - The following words and phrases when used in this subchapter...

Section 3210.2 - Eligibility - (a) General rule.--A family member is eligible to receive a...

Section 3210.3 - Certification of eligibility - The department shall provide the agency with a certificate of...

Section 3210.4 - Military Family Education Program grants - (a) General rule.--From the funds appropriated for the purposes of...

Section 3210.5 - Amount of Military Family Education Program grants - (a) Full-time Military Family Education Program grant.--Military Family Education Program...

Section 3210.6 - Limitations - (a) General rule.--No eligible member shall be permitted to assign...

Section 3210.7 - Recoupment of Military Family Education Program grant payments - (a) General rule.--An eligible member who fails to meet the...

Section 3210.9 - Administration - (a) Appropriation and administrative costs.--The General Assembly shall appropriate funds...

Section 3210.10 - Military Family Education Program Fund - (a) Establishment.--The Military Family Education Program Fund is established as...

Section 3211 - Definitions - The following words and phrases when used in this subchapter...

Section 3212 - Establishment of program - The Medical Officer or Health Officer Incentive Program is established...

Section 3213 - Program stipend - (a) General rule.-- (1) A resident physician, physician or physician...

Section 3214 - Additional incentives - To the extent that funds are available, the Adjutant General...

Section 3215 - Promissory note - Any recipient of a stipend or other incentive payment under...

Section 3216 - Recoupment of incentive payments - (a) General rule.--A recipient of a stipend or other incentive...

Section 3217 - Adjustment of stipend amounts - Beginning on January 1, 2016, and every two years thereafter,...

Section 3221 - Definitions - The following words and phrases when used in this subchapter...

Section 3222 - Military College Educational Assistance Program - (a) Establishment.--The Military College Educational Assistance Program is established. The...

Section 3223 - Eligibility - An eligible member may apply for participation in the program...

Section 3224 - Program participation - (a) Selection.--The department, with the assistance of the military college,...

Section 3225 - Benefit - (a) Provision.--From the money appropriated for the purposes of this...

Section 3226 - Limitations - An eligible member may not assign more than five academic...

Section 3227 - Recoupment of benefit payments - (a) Liability.--An eligible member who fails to meet the eight-year...

Section 3228 - Administration - The department shall issue guidelines to implement and administer this...

Section 3231 - Regulations - The Adjutant General shall promulgate regulations to carry out the...

Section 3232 - Administration - The General Assembly may appropriate funds to pay for grants...

Chapter 33 - Pennsylvania Guard

Extra - Chapter Notes - Enactment. Chapter 33 was added August 1, 1975, P.L.233, No.92,...

Section 3301 - Pay and expenses of officers and enlisted personnel - (a) Armory drills.--All officers and enlisted personnel will receive pay...

Section 3302 - Uniforms, arms and equipment - The Governor is authorized to requisition from the Department of...

Section 3303 - Pennsylvania National Guard laws generally to apply - All laws or sections of laws of this Commonwealth pertaining...

Chapter 35 - Disability Relief and Pensions

Extra - Chapter Notes - Enactment. Chapter 35 was added August 1, 1975, P.L.233, No.92,...

Section 3501 - Relief for disability incurred in active State service - (a) General rule.--If any member of the Pennsylvania National Guard...

Section 3502 - Deceased soldier's dependents' pension - (a) Amount and persons entitled.--A pension may be paid to...

Section 3503 - Tuition waiver for children and spouses of deceased soldiers - (a) Children.--The children of members of the Pennsylvania National Guard...

Chapter 37 - Decorations, Medals, Badges and Awards

Extra - Chapter Notes - Enactment. Chapter 37 was added August 1, 1975, P.L.233, No.92,...

Section 3701 - Authorized decorations, medals, badges and awards - (a) General rule.--The following decorations, medals, badges and awards are...

Section 3702 - Specifications - The Adjutant General shall prescribe the detailed specifications and design...

Section 3703 - Wearing of military insignia by municipal employees - It is unlawful for any official of the Commonwealth or...

Section 3704 - Saving provision - Nothing in this chapter shall be construed as to invalidate...

Section 3705 - Furnishing United States flag for deceased members - (a) General rule.--The department shall furnish a United States flag...

Chapter 41 - Rights and Immunities

Extra - Chapter Notes - Enactment. Chapter 41 was added August 1, 1975, P.L.233, No.92,...

Section 4101 - Equality of treatment and opportunity for members - It is hereby declared to be the policy of this...

Section 4102 - Leaves of absence for certain government employees - (a) Mandatory.-- (1) The following shall apply to paid military...

Section 4103 - Exemption of uniforms and equipment - The uniform and accoutrements of every commissioned officer and enlisted...

Section 4104 - Exemption from arrest - No officer or enlisted person shall be arrested on any...

Section 4105 - Exemption from civil process - No civil process shall issue or be enforced against any...

Section 4106 - Exemptions from further military service and jury duty - In addition to the exemptions now allowed by law, any...

Section 4107 - Legal aid - Members of the Pennsylvania Military Forces on State duty shall...

Section 4108 - Liability of Commonwealth for judgments against personnel on State duty - The Commonwealth of Pennsylvania shall be responsible for the payment...

Section 4109 - Child custody proceedings during military deployment - (a) Restriction on change of custody.--If a petition for change...

Section 4110 - Expedited or electronic hearing - (a) Expedited hearing.--Upon motion of an eligible servicemember who has...

Chapter 45 - Interstate Compact

Extra - Chapter Notes - Enactment. Chapter 45 was added August 1, 1975, P.L.233, No.92,...

Section 4501 - Interstate compact for mutual military aid - The Commonwealth of Pennsylvania does hereby join, approve and become...

Chapter 47 - Fresh Pursuit by Military Forces

Extra - Chapter Notes - Enactment. Chapter 47 was added August 1, 1975, P.L.233, No.92,...

Section 4701 - Fresh pursuit by Commonwealth forces - (a) General rule.--No military forces of this Commonwealth, other than...

Section 4702 - Fresh pursuit by forces of other states - (a) General rule.--Any military forces, or organization, unit or detachment...

Chapter 51 - General Provisions

Extra - Chapter Notes - Enactment. Chapter 51 was added October 24, 2012, P.L.1506, No.192,...

Section 5100 - Short title of part (Repealed) - 2012 Repeal. Section 5100 was repealed October 24, 2012, P.L.1506,...

Section 5101 - Short title of part - This part shall be known and may be cited as...

Section 5102 - Definitions - Subject to additional definitions contained in subsequent provisions of this...

Section 5103 - Persons subject to part - This part applies to all members of the State military...

Section 5104 - Subject matter jurisdiction - (a) General rule.--Subject matter jurisdiction is established if a nexus...

Section 5105 - Jurisdiction to try certain personnel - (a) Discharge obtained fraudulently.--Each person subject to this part discharged...

Section 5106 - Dismissal of commissioned officer - (a) Court-martial proceedings.--Any commissioned officer subject to this part dismissed...

Section 5107 - Territorial applicability - (a) General rule.--This part has applicability at all times and...

Section 5108 - Judge advocates and legal officers - (a) Appointment of State Judge Advocate.--The Governor, on the recommendation...

Chapter 52 - Apprehension and Restraint

Extra - Chapter Notes - Enactment. Chapter 52 was added October 24, 2012, P.L.1506, No.192,...

Section 5201 - Apprehension - (a) Persons authorized to apprehend.--Any person authorized by this part,...

Section 5202 - Apprehension of persons absent without leave - Any civil officer having authority to apprehend offenders under the...

Section 5203 - Imposition of restraint - (a) Enlisted personnel.--An enlisted person subject to this part may...

Section 5204 - Restraint of persons charged with offenses - (a) General rule.--Any person subject to this part charged with...

Section 5205 - Place of confinement - Persons subject to this part confined before, during or after...

Section 5206 - Reports and receiving of prisoners - (a) Duty to receive prisoner.--Unless otherwise authorized by law, no...

Section 5207 - Punishment prohibited before trial - Subject to section 5804 (relating to effective date of sentence),...

Section 5208 - Delivery of offenders to civil authorities - (a) General rule.--Under such regulations as may be prescribed under...

Section 5209 - Confinement with enemy prisoners prohibited - No member of the State military forces may be placed...

Chapter 53 - Nonjudicial Punishment

Extra - Chapter Notes - Enactment. Chapter 53 was added October 24, 2012, P.L.1506, No.192,...

Section 5301 - Commanding officer's nonjudicial punishment - (a) General rule.--Under such regulations as the Governor may prescribe,...

Chapter 54 - Courts-martial Jurisdiction

Extra - Chapter Notes - Enactment. Chapter 54 was added October 24, 2012, P.L.1506, No.192,...

Section 5401 - Courts-martial classified - The three kinds of courts-martial in the State military forces...

Section 5402 - Jurisdiction of courts-martial in general - Each force of the State military forces has court-martial jurisdiction...

Section 5403 - Jurisdiction of general courts-martial - Subject to section 5402 (relating to jurisdiction of courts-martial in...

Section 5404 - Jurisdiction of special courts-martial - Subject to section 5402 (relating to jurisdiction of courts-martial in...

Section 5405 - Jurisdiction of summary courts-martial - (a) General rule.--Subject to section 5402 (relating to jurisdiction of...

Section 5406 - Sentences of dismissal, dishonorable discharge or bad conduct to be approved by Governor - In the State military forces, no sentence of dismissal, dishonorable...

Section 5407 - Record of proceedings - A complete written record of proceedings and testimony shall be...

Section 5408 - Confinement instead of fine (Repealed) - 2012 Repeal. Section 5408 was repealed October 24, 2012, P.L.1506,...

Chapter 55 - Appointment and Composition of Courts-martial

Extra - Chapter Notes - Enactment. Chapter 55 was added October 24, 2012, P.L.1506, No.192,...

Section 5501 - Who may convene general courts-martial - (a) General rule.--General courts-martial may be convened by any of...

Section 5502 - Who may convene special courts-martial - (a) General rule.--Special courts-martial may be convened by any of...

Section 5503 - Who may convene summary courts-martial - (a) General rule.--Summary courts-martial may be convened by any of...

Section 5504 - Who may serve on courts-martial - (a) Commissioned officer.--Any commissioned officer of the State military forces...

Section 5505 - Military judge of a general or special court-martial - (a) General rule.--A military judge shall be detailed to each...

Section 5506 - Appointment of trial counsel and defense counsel - (a) General rule.--For each general and special court-martial, the convening...

Section 5507 - Detail or employment of reporters and interpreters - Under such regulations as the Governor or department may prescribe,...

Section 5508 - Absent and additional members - (a) Authorized absence.--No member of a general or special court-martial...

Chapter 56 - Pretrial Procedure

Extra - Chapter Notes - Enactment. Chapter 56 was added October 24, 2012, P.L.1506, No.192,...

Section 5601 - Charges and specifications - (a) Execution and contents.--Charges and specifications shall be signed by...

Section 5602 - Compulsory self-incrimination prohibited - (a) General rule.--No person subject to this part shall compel...

Section 5603 - Investigation - (a) General rule.--No charge or specification may be referred to...

Section 5604 - Forwarding of charges - When a person is held for trial by general court-martial,...

Section 5605 - Advice of judge advocate and reference for trial - (a) General rule.--Before directing the trial of any charge by...

Section 5606 - Service of charges - The trial counsel to whom court-martial charges are referred for...

Chapter 57 - Trial Procedure

Extra - Chapter Notes - Enactment. Chapter 57 was added October 24, 2012, P.L.1506, No.192,...

Section 5701 - Governor and department may prescribe rules - (a) General rule.--Pretrial, trial and posttrial procedures, including modes of...

Section 5702 - Unlawfully influencing action of court - (a) General rule.--No authority convening a general, special or summary...

Section 5703 - Duties of trial counsel and defense counsel - (a) Trial counsel.--The trial counsel of a general or special...

Section 5704 - Sessions - (a) Proceedings in absence of members.--At any time after the...

Section 5705 - Continuances - The military judge of a court-martial or a summary court-martial...

Section 5706 - Challenges - (a) Challenges for cause.--The military judge and members of a...

Section 5707 - Oaths or affirmations - (a) General rule.--Before performing their respective duties, military judges, members...

Section 5708 - Statute of limitations - (a) Two-year limitation.--Except as otherwise provided in this part, a...

Section 5709 - Former jeopardy - (a) General rule.--No person subject to this part shall, without...

Section 5710 - Pleas of the accused - (a) Inadequacy or lack of pleading.--A plea of not guilty...

Section 5711 - Opportunity to obtain witnesses and other evidence - (a) General rule.--The trial counsel, the defense counsel and the...

Section 5712 - Refusal to appear or testify - Any person not subject to this part who has been...

Section 5713 - Contempts - A military judge or summary court-martial officer may punish for...

Section 5714 - Depositions - (a) General rule.--At any time after charges have been signed,...

Section 5715 - Admissibility of records of courts of inquiry - (a) Court-martial.--In any case not extending to the dismissal of...

Section 5716 - Voting and rulings - (a) Findings, sentences and challenges.--Voting by members of a general...

Section 5717 - Number of votes required - (a) Conviction.--No person subject to this part shall be convicted...

Section 5718 - Court to announce action - Every court-martial shall announce its findings and sentence to the...

Section 5719 - Record of trial - (a) General and special courts-martial.--Each general and special courts-martial shall...

Section 5720 - Defense of lack of mental responsibility - (a) General rule.--It shall be an affirmative defense in a...

Section 5721 - Effect of finding of lack of mental capacity on trial proceedings - (a) Mental incapacity generally.--When the accused is determined under this...

Section 5722 - Trial finding of lack of mental responsibility - (a) Finding of lack of mental responsibility generally.--If an accused...

Chapter 58 - Sentences

Extra - Chapter Notes - Enactment. Chapter 58 was added October 24, 2012, P.L.1506, No.192,...

Section 5801 - Cruel and unusual punishments prohibited - Punishment by flogging or by branding, marking or tattooing on...

Section 5802 - Maximum limits - (a) General rule.--The punishment which a court-martial may direct for...

Section 5803 - Grading of offenses - (a) Felonies.--A conviction by general court-martial for any military offense...

Section 5804 - Effective date of sentences - (a) Forfeiture of pay and allowances.--Whenever a sentence of a...

Section 5805 - Execution of confinement - (a) Place of confinement.--A sentence of confinement adjudged by a...

Section 5806 - Deferment of sentences - (a) Deferment upon application of accused.--On application by an accused,...

Section 5807 - Reduction in enlisted grade - (a) General rule.--An enlisted member in a pay grade above...

Section 5808 - Forfeiture of pay and allowances during confinement - (a) General rule.--An enlisted member receiving a court-martial sentence of...

Chapter 59 - Posttrial Procedure and Review of Courts-martial

Extra - Chapter Notes - Enactment. Chapter 59 was added October 24, 2012, P.L.1506, No.192,...

Section 5901 - Error of law; lesser included offense - (a) Error of law.--A finding or sentence of a court-martial...

Section 5902 - Action by convening authority - (a) Report to convening authority.--The findings and sentence of a...

Section 5903 - Action on general court-martial records - The convening authority shall refer the record of each general...

Section 5904 - Reconsideration and revision - (a) General rule.--The convening authority or other authorized party may...

Section 5905 - Rehearings - (a) General rule.--The convening authority or other authorized party may...

Section 5906 - Approval by convening authority - In acting on the findings and sentence of a court-martial,...

Section 5907 - Disposition of records after review by convening authority - (a) General rule.--Except as otherwise required by this title, all...

Section 5908 - Review by State Judge Advocate and Adjutant General - (a) Review by State Judge Advocate of guilty finding.--Each general...

Section 5909 - Review by a board of review - (a) Composition of boards of review.--The State Judge Advocate may...

Section 5910 - Review by Superior Court - (a) General rule.--Final judgments of courts-martial empowered to impose a...

Section 5911 - Appellate counsel - (a) Counsel for the Commonwealth.--The State Judge Advocate shall detail...

Section 5912 - Execution of sentence; suspension of sentence - (a) Appellate review not waived and appeal not withdrawn.--If a...

Section 5913 - Vacation of suspension - (a) Bad-conduct discharges and general court-martial sentences.--Prior to the vacation...

Section 5914 - Petition for new trial - At any time within two years after approval by the...

Section 5915 - Remission and suspension - (a) General rule.--Any authority competent to convene, for the command...

Section 5916 - Restoration - (a) General rule.--Under such regulations as may be prescribed by...

Section 5917 - Finality of proceedings, findings and sentences - The appellate review of records of trial, the proceedings, findings...

Section 5918 - Leave pending review of conviction - Under regulations prescribed by the Governor or the department, an...

Section 5919 - Appeal by the Commonwealth - (a) General rule.--In a trial by court-martial in which a...

Chapter 60 - Punitive Sections

Extra - Chapter Notes - Enactment. Chapter 60 was added October 24, 2012, P.L.1506, No.192,...

Section 6001 - Principals - Any person subject to this part who: (1) commits an...

Section 6002 - Accessory after the fact - Any person subject to this part who, knowing that an...

Section 6003 - Conviction of lesser included offense - An accused may be found guilty of an offense necessarily...

Section 6004 - Attempts - (a) Attempt defined.--An act done with specific intent to commit...

Section 6005 - Conspiracy - Any person subject to this part who conspires with any...

Section 6006 - Solicitation - (a) Desertion and mutiny.--Any person subject to this part who...

Section 6007 - Fraudulent enlistment, appointment or separation - Any person who: (1) procures his own enlistment or appointment...

Section 6008 - Unlawful enlistment, appointment or separation - Any person subject to this part who effects an enlistment...

Section 6009 - Desertion - (a) Offense defined.--Any member of the State military forces who:...

Section 6010 - Absence without leave - (a) Offense defined.--Any person subject to this part who, without...

Section 6011 - Missing movement - Any person subject to this part who through neglect or...

Section 6012 - Contempt toward officials - Any commissioned officer who uses contemptuous words against the President...

Section 6013 - Disrespect toward superior commissioned officer - Any person subject to this part who behaves with disrespect...

Section 6014 - Assaulting or willfully disobeying superior commissioned officer - Any person subject to this part who: (1) strikes, draws...

Section 6015 - Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer - Any warrant officer or enlisted member who: (1) strikes or...

Section 6016 - Failure to obey order or regulation - Any person subject to this part who: (1) violates or...

Section 6017 - Cruelty and maltreatment - Any person subject to this part who is guilty of...

Section 6018 - Mutiny or sedition - (a) Offense defined.--Any person subject to this part who: (1)...

Section 6019 - Resistance, flight, breach of arrest and escape - Any person subject to this part who resists apprehension, flees...

Section 6020 - Releasing prisoner without proper authority - Any person subject to this part who, without proper authority,...

Section 6021 - Unlawful detention of another - Any person subject to this part who, except as provided...

Section 6022 - Noncompliance with procedural rules - Any person subject to this part who: (1) is responsible...

Section 6023 - Misbehavior before enemy - Any person subject to this part who, before or in...

Section 6024 - Subordinate compelling surrender - Any person subject to this part who compels or attempts...

Section 6025 - Improper use of countersign - Any person subject to this part who, in time of...

Section 6026 - Forcing a safeguard - Any person subject to this part who forces a safeguard...

Section 6027 - Captured or abandoned property - (a) Duty to secure property.--All persons subject to this part...

Section 6028 - Aiding the enemy - Any person subject to this part who: (1) aids or...

Section 6029 - Misconduct of prisoner - Any person subject to this part who, while in the...

Section 6030 - False official statements - Any person subject to this part who, with intent to...

Section 6031 - Loss, damage, destruction or wrongful disposition of military property - Any person subject to this part who, without proper authority:...

Section 6032 - Waste, spoilage or destruction of nonmilitary property - Any person subject to this part who willfully or recklessly...

Section 6033 - Improper hazarding of vessel - (a) Willful conduct.--Any person subject to this part who willfully...

Section 6034 - Drunken or reckless driving - Any person subject to this part who, while in a...

Section 6035 - Drunk on duty, sleeping on post and leaving post before relief - (a) General rule.--Except as provided in subsection (b), any person...

Section 6036 - Dueling - Any person subject to this part who fights, promotes, is...

Section 6037 - Malingering - Any person subject to this part who, for the purpose...

Section 6038 - Riot or breach of peace - Any person subject to this part who causes or participates...

Section 6039 - Provoking speeches or gestures - Any person subject to this part who uses provoking or...

Section 6040 - Perjury - Any person subject to this part who, in a judicial...

Section 6041 - Frauds against government - Any person subject to this part: (1) who, knowing it...

Section 6042 - Larceny and wrongful appropriation - (a) Offenses defined.--Any person subject to this part who, while...

Section 6043 - Assault - Any person subject to this part who, while in a...

Section 6044 - Conduct unbecoming an officer and a gentleman - Any commissioned officer who is convicted of conduct unbecoming an...

Section 6045 - General article - Though not specifically described in this part, a person subject...

Section 6046 - Embezzlement - Any person subject to this part who shall, while in...

Section 6047 - Purchasing and receiving military property in pawn - Any person subject to this part who knowingly and willfully...

Section 6048 - Wrongful use and possession of controlled substances - (a) General rule.--Any person subject to this title who wrongfully...

Chapter 61 - Miscellaneous Provisions

Extra - Chapter Notes - Enactment. Chapter 61 was added October 24, 2012, P.L.1506, No.192,...

Section 6101 - Courts of inquiry - (a) Who may convene.--Courts of inquiry to investigate any matter...

Section 6102 - Authority to administer oaths and to act as notary - (a) Military administration and justice.--The following members of the State...

Section 6103 - Text of part to be available - (a) Explanation of certain provisions.--Provisions of this part specifically designated...

Section 6104 - Complaints of wrongs - Any member of the State military forces who believes himself...

Section 6105 - Redress of damages to property - (a) Assessment of damages.--Whenever complaint is made to any commanding...

Section 6106 - Execution of process and sentence - The processes and sentences of courts-martial of the State military...

Section 6107 - Disposition of fines and penalties - (a) Military court or nonjudicial punishment.--Fines imposed by a military...

Section 6108 - Liability of public officers for nonexecution of process - The neglect or refusal of any sheriff, constable, peace officer...

Section 6109 - Compensation of court - (a) Judges, counsel and members of courts.--Military judges, military counsel...

Section 6110 - Immunity for action of military courts - No accused may bring an action or proceeding against the...

Section 6111 - Delegation of authority by Governor and Adjutant General - The Governor or Adjutant General may delegate any authority vested...

Section 6112 - Uniformity of interpretation - This part shall be so construed as to, so far...

Section 6113 - State Military Justice Fund - There is hereby established in the State Treasury a special...

Chapter 71 - Veterans' Preference

Extra - Chapter Notes - Enactment. Chapter 71 was added August 1, 1975, P.L.233, No.92,...

Section 7101 - Soldier defined (Repealed) - 2020 Repeal. Section 7101 was repealed October 29, 2020, P.L.1045,...

Section 7101.1 - Purpose - The purpose of this chapter is to provide a hiring...

Section 7101.2 - Definitions - The following words and phrases when used in this chapter...

Section 7102 - Credits in civil service examinations (Repealed) - 2020 Repeal. Section 7102 was repealed October 29, 2020, P.L.1045,...

Section 7103 - Additional points in grading civil service examinations - (a) Commonwealth examinations.--Whenever a veteran successfully passes a civil service...

Section 7104 - Preference in appointment - (a) Non-civil service.--Whenever a veteran possesses the requisite qualifications for...

Section 7105 - Lack of formal training and education, age or physical impairment - (a) Training and education.--In determining whether a veteran possesses the...

Section 7106 - Preferential rating provision in public works specifications - Whenever the Commonwealth issues specifications for the construction, alteration or...

Section 7107 - Computation of seniority for reduction in force - Whenever a reduction in force is necessary in any public...

Section 7108 - Preference of spouses - The same preference given to veterans under the provisions of...

Section 7109 - Law exclusive - This chapter shall be construed as being the exclusive law...

Section 7110 - Reporting requirement - (a) Office of Administration report.--The Office of Administration shall provide...

Section 7111 - Guidelines - The department shall annually establish veterans' preference guidelines and verify...

Chapter 72 - Voluntary Veterans' Preference in Private Employment

Extra - Chapter Notes - Enactment. Chapter 72 was added November 3, 2016, P.L.1053, No.135,...

Section 7201 - Scope of chapter - This chapter relates to private employer's veterans' preference policies.

Section 7202 - Definitions - The following words and phrases when used in this chapter...

Section 7203 - Veterans' preference private employment policy - (a) Authority.--A private employer may adopt and apply a veterans'...

Section 7204 - Eligibility for preference - A veteran, spouse of a disabled veteran or surviving spouse...

Section 7205 - Nonviolation of equal opportunity laws - A voluntary veterans' preference employment policy adopted and applied in...

Chapter 73 - Military Leave of Absence

Extra - Chapter Notes - Enactment. Chapter 73 was added August 1, 1975, P.L.233, No.92,...

Section 7301 - Definitions - The following words and phrases when used in this chapter...

Section 7302 - Granting military leaves of absence - (a) Enlistment or draft.--Whenever any employee shall, in time of...

Section 7303 - Expiration of military leaves of absence - (a) Employees who enlisted.--Every military leave of absence granted to...

Section 7304 - Reemployment rights - Every employee shall have the right to return to his...

Section 7305 - Seniority rights - Every employee who returns to his employment at the time...

Section 7306 - Retirement rights - (a) Options available to employees.--Any employee who is a member...

Section 7307 - Eligibility - Every employee otherwise eligible for a military leave of absence...

Section 7308 - Loss of benefits - Any employee who is separated from the service by an...

Section 7309 - Employment discrimination for military membership or duty - (a) General rule.--It is unlawful for the Commonwealth or any...

Section 7310 - Contract by minors for servicemen's readjustment loans - (a) General rule.--Any minor, who is at least 17 years...

Section 7311 - Sale of real property for delinquent taxes and municipal claims - (a) Lien saved on stay of sale.--Whenever, pursuant to the...

Section 7312 - Stay of eviction or distress during military service - (a) General rule.--Whenever any member of the Pennsylvania National Guard...

Section 7313 - Educational leave of absence - Whenever any member of the Pennsylvania National Guard or other...

Section 7314 - Stay of proceedings when military service affects conduct thereof - At any stage thereof any action or proceeding in any...

Section 7315 - Termination of leases and similar obligations by military personnel - (a) Applicability.--This section shall apply to members of the Pennsylvania...

Section 7315.1 - Early termination of housing rental agreement by military personnel - (a) General rule.--A member of the armed forces of the...

Section 7316 - Maximum rates of interest and scheduling of debts - (a) Applicability.--This section shall apply to members of the Pennsylvania...

Section 7317 - Deferred motor vehicle insurance coverage - (a) Applicability.--This section shall apply to members of the Pennsylvania...

Section 7318 - Unemployment compensation benefits - (a) General rule.--Compensation payable under the act of December 5,...

Section 7319 - Military family relief assistance - (a) Establishment of fund.--In order to carry out the purposes...

Chapter 75 - Professional and Occupational Licenses

Extra - Chapter Notes - Enactment. Chapter 75 was added August 1, 1975, P.L.233, No.92,...

Section 7501 - Definitions - The following words and phrases when used in this chapter...

Section 7502 - Retention of licenses and certifications of persons entering military service - (a) General rule.--Any person licensed or certified by the Department...

Section 7503 - Applicability of chapter (Deleted by amendment) - 2006 Amendment. Section 7503 was deleted by amendment Nov. 29,...

Section 7503.1 - Applicability of chapter - The Pennsylvania Supreme Court may extend this chapter to those...

Chapter 77 - Veterans' Pensions and Benefits

Extra - Chapter Notes - Enactment. Chapter 77 was added August 1, 1975, P.L.233, No.92,...

Section 7701 - Blind veteran's pension - (a) Definition.--As used in this section the term "blind veteran"...

Section 7702 - Amputee and paralyzed veteran's pension - (a) Amount and eligibility.--In addition to any other assistance provided...

Chapter 79 - Veterans' Litigation Awards

Extra - Chapter Notes - Enactment. Chapter 79 was added July 10, 1990, P.L.374, No.87,...

Section 7901 - Definitions - The following words and phrases when used in this chapter...

Section 7902 - Veterans' litigation awards - (a) Award exclusions.--Notwithstanding any other law of this Commonwealth to...

Chapter 85 - Veterans' Temporary Assistance

Extra - Chapter Notes - Enactment. Chapter 85 was added April 29, 1988, P.L.381, No.60,...

Section 8501 - Definitions - The following words and phrases when used in this chapter...

Section 8502 - Purpose - The purpose of the program is to provide temporary financial...

Section 8503 - Eligibility - In order to qualify for the program, applicants must demonstrate...

Section 8504 - Amounts of assistance - (a) Maximum amount.--In no event shall veterans' temporary assistance payments...

Section 8505 - Appeals - Any person aggrieved by a decision denying payment of veterans'...

Chapter 87 - Educational Gratuity Program

Extra - Chapter Notes - Enactment. Chapter 87 was added April 29, 1988, P.L.381, No.60,...

Section 8701 - Definitions - The following words and phrases when used in this chapter...

Section 8702 - Educational gratuity payments - (a) General rule.--The commission shall make educational gratuity payments not...

Section 8703 - Eligibility and qualification requirements - (a) Eligibility standards.--The following requirements shall be used to determine...

Chapter 89 - Disabled Veterans' Real Estate Tax Exemption

Extra - Chapter Notes - Enactment. Chapter 89 was added April 29, 1988, P.L.381, No.60,...

Section 8901 - Definitions - The following words and phrases when used in this chapter...

Section 8902 - Exemption - (a) General rule.--Any resident of this Commonwealth shall be exempt...

Section 8903 - Duty of board - When the conditions specified in section 8902 (relating to exemption)...

Section 8904 - Duty of commission - The commission shall: (1) Fix uniform and equitable standards for...

Section 8905 - Appeals - Any applicant aggrieved by a determination of the commission may...

Section 8906 - Limitation on sale of exempt real estate - No real property solely owned, or owned as an estate...

Chapter 91 - Oaths, Affirmations and Acknowledgments

Extra - Chapter Notes - Enactment. Chapter 91 was added August 1, 1975, P.L.233, No.92,...

Section 9101 - Acknowledgments and administering oaths without charge - It shall be the duty of any person authorized to...

Section 9102 - Affidavits and acknowledgments by designated officers - (a) Designation of certain officers authorized.--Each local organization of The...

Chapter 92 - Certified Copies of Documents

Extra - Chapter Notes - Enactment. Chapter 92 was added August 1, 1975, P.L.233, No.92,...

Section 9201 - Certified copies of documents furnished without charge - (a) General rule.--Whenever application shall be made to the proper...

Chapter 93 - Veterans' Organizations

Extra - Chapter Notes - Enactment. Chapter 93 was added August 1, 1975, P.L.233, No.92,...

Section 9301 - Reports of annual conventions - (a) Printing and distribution by Commonwealth.--Whenever the department commanders of...

Section 9302 - Veterans' associations accompanied by military bands to places of interment or divine services - All associations of veteran soldiers, when parading for the purpose...

Section 9303 - Charitable status of certain veterans' organizations - (a) General rule.--Notwithstanding any other law to the contrary, any...

Section 9304 - Grants to veterans' service officer programs - (a) Award allocations.--From funds specifically appropriated for this purpose, the...

Chapter 94 - Missing Persons

Extra - Chapter Notes - Enactment. Chapter 94 was added August 1, 1975, P.L.233, No.92,...

Section 9401 - Federal findings of death or other status as evidence - A written finding of missing in action or presumed death...

Section 9402 - Federal reports of persons missing in action or interned as evidence - An official written report, or record, or duly certified copy...

Section 9403 - Signatures of Federal officers presumed authorized - For the purposes of section 9401 (relating to Federal findings...

Chapter 95 - Long-term Care Patient Access to Pharmaceuticals

Extra - Chapter Notes - Enactment. Chapter 95 was added May 8, 2012, P.L.248, No.36,...

Section 9501 - Scope of chapter - This chapter relates to long-term care patient access to pharmaceuticals.

Section 9502 - Declaration of policy - The General Assembly finds and declares as follows: (1) A...

Section 9503 - Definitions - The following words and phrases when used in this chapter...

Section 9504 - State Board of Pharmacy - The board has the following powers and duties: (1) Develop...

Section 9505 - Third-party drugs in long-term care facilities, assisted living residences and personal care homes - (a) Authority.--Notwithstanding any other provision of law, all of the...

Section 9506 - Recordkeeping - For each drug dispensed in accordance with section 9505(a) (relating...

Section 9507 - Fee - A person authorized under section 9505(a) (relating to third-party drugs...

Section 9508 - Civil liability and unprofessional conduct - (a) Repackaging and relabeling.--A person authorized under section 9505(a) (relating...

Chapter 96 - Veteran-owned Small Businesses

Extra - Chapter Notes - Enactment. Chapter 96 was added October 24, 2012, P.L.1468, No.185,...

Section 9601 - Definitions - Subject to section 9602 (relating to regulations), the following words...

Section 9602 - Regulations - (a) Promulgation.--The Department of General Services shall establish policy in...

Section 9603 - Participation goal - A Statewide annual goal of not less than 3% participation...

Section 9604 - Duties of Department of General Services - The Department of General Services, with the assistance of the...

Section 9605 - Bonding and progress payments - (a) Bonding.--Notwithstanding 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement...

Section 9607 - Reports - (a) Report to Department of General Services.--By August 15, 2013,...

Section 9608 - Compliance with Federal requirements - If a procurement involves the expenditure of Federal assistance or...

Section 9610 - Definitions - As used in this subchapter, the following words and phrases...

Section 9611 - Exemption - (a) Payment.--A veteran-owned or reservist-owned small business shall be exempt...

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Pennsylvania Consolidated & Unconsolidated Statutes Title 51 - MILITARY AFFAIRS

Pennsylvania Consolidated & Unconsolidated Statutes
Title 51 - MILITARY AFFAIRS