Section 9541 – Short title of subchapter
§ 9541. Short title of subchapter. 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.)
Section 9573 – Time for petition; contents of petition
§ 9573. Time for petition; contents of petition. (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 […]
Section 9542 – Scope of subchapter
§ 9542. Scope of subchapter. 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 other common law and statutory remedies for […]
Section 9574 – Answer to petition
§ 9574. Answer to petition. 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 […]
Section 9543 – Eligibility for relief
§ 9543. Eligibility for relief. (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 granted: […]
Section 9575 – Disposition without evidentiary hearing
§ 9575. Disposition without evidentiary hearing. (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 warranted unless controverted, previously unresolved […]
Section 9543.1 – Postconviction DNA testing
§ 9543.1. Postconviction DNA testing. (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 prosecution that resulted […]
Section 9544 – Previous litigation and waiver
§ 9544. Previous litigation and waiver. (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 been […]
Section 9545 – Jurisdiction and proceedings
§ 9545. Jurisdiction and proceedings. (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 for filing petition.– (1) Any […]
Section 9546 – Relief and order
§ 9546. Relief and order. (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 stated.–(Deleted by amendment). (c) Status of order.–(Deleted by […]