§ 9781. Appellate review of sentence.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Right to appeal.-- The defendant or the Commonwealth may appeal as of right the legality of the sentence.

(b)Allowance of appeal.-- The defendant or the Commonwealth may file a petition for allowance of appeal of the discretionary aspects of a sentence for a felony or a misdemeanor to the appellate court that has initial jurisdiction for such appeals. Allowance of appeal may be granted at the discretion of the appellate court where it appears that there is a substantial question that the sentence imposed is not appropriate under this chapter.

(c)Determination on appeal.-- The appellate court shall vacate the sentence and remand the case to the sentencing court with instructions if it finds:

(1)the sentencing court purported to sentence within the sentencing guidelines but applied the guidelines erroneously;

(2)the sentencing court sentenced within the sentencing guidelines but the case involves circumstances where the application of the guidelines would be clearly unreasonable; or

(3)the sentencing court sentenced outside the sentencing guidelines and the sentence is unreasonable.

In all other cases the appellate court shall affirm the sentence imposed by the sentencing court.

(d)Review of record.-- In reviewing the record the appellate court shall have regard for:

(1)The nature and circumstances of the offense and the history and characteristics of the defendant.

(2)The opportunity of the sentencing court to observe the defendant, including any presentence investigation.

(3)The findings upon which the sentence was based.

(4)The guidelines promulgated by the commission.

(e)Right to bail not enlarged.-- Nothing in this chapter shall be construed to enlarge the defendant's right to bail pending appeal.

(f)Limitation on additional appellate review.-- No appeal of the discretionary aspects of the sentence shall be permitted beyond the appellate court that has initial jurisdiction for such appeals.

(g)Implementing rules of court.-- (Repealed).

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(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

1980 Repeal. Act 142 repealed subsec. (g).

Effective Date. Section 218(b) of Act 142 of 1980 provided that the provisions of 18 Pa.C.S. § 1386 (redesignated by Act 142 as 42 Pa.C.S. § 9781) shall take effect upon the effective date of initial sentencing guidelines pursuant to 42 Pa.C.S. § 2155(c). The initial sentencing guidelines, as revised, were adopted January 5, 1982, and became effective July 22, 1982.

Cross References. Section 9781 is referred to in section 724 of this title.

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SUBCHAPTER H

REGISTRATION OF SEXUAL OFFENDERS

Sec.

9791. Legislative findings and declaration of policy (Expired).

9792. Definitions (Expired).

9793. Registration of certain offenders for ten years (Deleted by amendment).

9794. Designation of sexually violent predators (Deleted by amendment).

9795. Registration of offenders (Deleted by amendment).

9795.1. Registration (Expired).

9795.2. Registration procedures and applicability (Expired).

9795.3. Sentencing court information (Expired).

9795.4. Assessments (Expired).

9795.5. Exemption from certain notifications (Expired).

9796. Verification of residence (Expired).

9797. Victim notification (Expired).

9798. Other notification (Expired).

9798.1. Information made available on the Internet and electronic notification (Expired).

9798.2. Administration (Expired).

9798.3. Global positioning system technology (Expired).

9799. Immunity for good faith conduct (Expired).

9799.1. Duties of Pennsylvania State Police (Expired).

9799.2. Duties of Pennsylvania Board of Probation and Parole (Expired).

9799.3. Board (Expired).

9799.4. Counseling of sexually violent predators (Expired).

9799.5. Exemption from notification (Deleted by amendment).

9799.6. Applicability (Deleted by amendment).

9799.7. Exemption from notification for certain licensees and their employees (Expired).

9799.8. Annual performance audit (Expired).

9799.9. Photographs and fingerprinting (Expired).

9799.10. Purposes of subchapter.

9799.11. Legislative findings, declaration of policy and scope.

9799.12. Definitions.

9799.13. Applicability.

9799.14. Sexual offenses and tier system.

9799.15. Period of registration.

9799.16. Registry.

9799.17. Termination of period of registration for juvenile offenders.

9799.18. Information sharing.

9799.19. Initial registration.

9799.20. Duty to inform.

9799.21. Penalty.

9799.22. Enforcement.

9799.23. Court notification and classification requirements.

9799.24. Assessments.

9799.25. Verification by sexual offenders and Pennsylvania State Police.

9799.26. Victim notification.

9799.27. Other notification.

9799.28. Public Internet website.

9799.29. Administration.

9799.30. Global positioning system technology.

9799.31. Immunity for good faith conduct.

9799.32. Pennsylvania State Police and Department of Corrections.

9799.33. Duties of Department of Corrections and probation and parole officials.

9799.34. Duties of facilities housing sexual offenders.

9799.35. Board.

9799.36. Counseling of sexually violent predators.

9799.37. Exemption from notification for certain licensees and their employees.

9799.38. Annual performance audit.

9799.39. Photographs and fingerprinting.

9799.40. Duties of Pennsylvania Commission on Sentencing.

9799.41. Expiration.

9799.42. Standing for Pennsylvania State Police.

Enactment. Subchapter H was added October 24, 1995, 1st Sp.Sess., P.L.1079, No.24, effective in 180 days, unless otherwise noted.

Reenactment. Subchapter H was reenacted and amended May 10, 2000, P.L.74, No.18, effective in 60 days.

Special Provisions in Appendix. See section 21 of Act 29 of 2018 in the appendix to this title for special provisions relating to applicability.

See section 5 of Act 18 of 2000 in the appendix to this title for special provisions relating to applicability.

Cross References. Subchapter H is referred to in sections 5920, 6302, 9774.1, 9799.55, 9799.63, 9799.67, 9802 of this title; sections 3130, 3141, 4915.1, 4915.2 of Title 18 (Crimes and Offenses); sections 2511, 6303, 6338.1, 6707 of Title 23 (Domestic Relations); section 2303 of Title 44 (Law and Justice); sections 3903, 4103, 4503, 4601, 6137, 6137.1, 6138, 6139, 6143 of Title 61 (Prisons and Parole).

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