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 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 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 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 […]

Section 9547 – Amendment and withdrawal of petition (Repealed)

§ 9547. Amendment and withdrawal of petition (Repealed). 1988 Repeal. Section 9547 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9547 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act […]

Section 9548 – Answer to petition (Repealed)

§ 9548. Answer to petition (Repealed). 1988 Repeal. Section 9548 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9548 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective […]

Section 9549 – Hearing on petition (Repealed)

§ 9549. Hearing on petition (Repealed). 1988 Repeal. Section 9549 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9549 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective […]

Section 9550 – Order of court and final disposition of petition (Repealed)

§ 9550. Order of court and final disposition of petition (Repealed). 1988 Repeal. Section 9550 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9550 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective […]

Section 9551 – Pauper petitions (Repealed)

§ 9551. Pauper petitions (Repealed). 1988 Repeal. Section 9551 was repealed April 13, 1988, P.L.336, No.47, effective immediately. Section 6 of Act 47 provided that the repeal of section 9551 shall apply to all actions for collateral relief, whether statutory or common law, instituted on or after the effective date of Act 47, irrespective of […]