16 Pa.C.S. Ch. 137

in effect

16 Pa.C.S. § 13701 Unfinished business of outgoing sheriff.

(a) Unfinished business.--An outgoing sheriff shall deliver all unfinished and unexecuted writs and process to the sheriff's successor. The sheriff's successor shall receive and execute the writs and process as if the writs and process had been originally issued and directed to the sheriff's successor and carry out and complete all other official duties of the outgoing sheriff. (b) Successor powers and duties.--If real estate is sold under an execution by a sheriff who is succeeded in office before a deed is executed and acknowledged by the sheriff in due form of law for the real estate, the sheriff's successor shall execute and acknowledge a deed for the real estate to the purchaser in the same manner as if the former sheriff were still in office. A deed executed under this subsection shall be as effectual in law as if the title had been completed by the former sheriff. (c) No court order necessary.--No court order shall be necessary to authorize an incoming sheriff to carry out the duties as prescribed by this section.

16 Pa.C.S. § 13702 Deputy action authorized.

If the sheriff is required by law to act in person under or by virtue of any writ or process issued by a court of the Commonwealth, the sheriff may act either in person or by a regularly appointed deputy sheriff.

16 Pa.C.S. § 13703 Chief deputy and petition.

(a) Appointment.--The sheriff of each county shall appoint, by commission duly recorded in the office for recording deeds, a chief deputy. The chief deputy's appointment shall be revocable by the sheriff by a signed revocation recorded in the office for recording deeds. The chief deputy, during continuance in office, may perform any duty incumbent upon the sheriff, which shall have the effect in law as if the duty had been done by the sheriff in person, regardless of the ability or temporary disability of the sheriff to act, while the sheriff continues in office. Nothing in this subsection shall be construed to relieve the sheriff or the sheriff's sureties from liability upon the official bond of the sheriff or the sheriff's sureties. (b) Petition.--If, during a vacancy in the office of sheriff the duties of the office cannot be discharged in accordance with section 13713 (relating to chief deputy sheriff to act as sheriff in case of vacancy) or any other law, the ranking deputy of the office shall petition the court of common pleas to authorize a deputy to perform any duty incumbent upon the sheriff. Upon a finding that no other individual has the legal capacity to discharge the duty, the court shall authorize the deputy to perform the duty during the vacancy as if the official act had been done by the sheriff.

16 Pa.C.S. § 13704 Real estate deputies.

The sheriff may appoint a real estate deputy to administer all matters relating to the sheriff's sales of real estate and distributions of the proceeds of the sheriff's sales of real estate. The real estate deputy's appointment shall be made and be revocable as provided for the chief deputy. The real estate deputy may perform all duties incumbent upon the sheriff in the same manner as the chief deputy and the same effect in law as if the official duties had been performed by the sheriff in person. The duties shall include the execution and acknowledgment of sheriff's deeds for real estate upon receipt of the purchase price for the real estate. Nothing in this section shall operate to relieve the sheriff or the sheriff's sureties from liability upon official bond of the sheriff or the sheriff's sureties.

16 Pa.C.S. § 13705 Deputies and clerks.

The sheriff of each county may appoint deputies and clerks to positions established in accordance with section 14723 (relating to number and compensation of officers, deputies, assistants, clerks and employees and revisions of salary schedules) for the transaction of the business of the sheriff's office. The sheriff may revoke the appointment of deputies in the same manner as the chief deputy. In counties of the third, fourth, fifth, sixth, seventh and eighth class, the sheriff may also appoint as necessary special deputies to assist the sheriff in executing a civil or criminal process or court order or in preserving the peace when an emergency arises. A special deputy shall serve for a period only as necessary to conduct the special deputy's duties under this section.

16 Pa.C.S. § 13706 Deputy sheriff's qualifications.

(a) Requirements.--A sheriff may not appoint an individual as a chief deputy or any other deputy sheriff unless the sheriff files with the prothonotary, before the appointment of the individual, the name and photograph of the individual and an affidavit of the individual setting forth the following: (1) The full name, age and residence address of the individual, chief deputy or other deputy sheriff. (2) That the individual, chief deputy or other deputy sheriff is a citizen of the United States and 18 years of age or older. (3) That the individual, chief deputy or other deputy sheriff has never been convicted of a crime involving moral turpitude under Federal or State law or the laws of another state. (4) That the individual, chief deputy or other deputy sheriff has not, for a period of two years immediately preceding the filing of the affidavit under this subsection: (i) acted individually or as the agent or employee of another person in a labor dispute; (ii) provided any service as a private detective, private police officer or private guard in a labor dispute; (iii) received any fee or compensation for acting as a private detective, private police officer or private guard in a labor dispute; (iv) conducted the business of a private detective agency or any agency supplying private detectives, private police officers or private guards in a labor dispute; or (v) advertised or solicited the business of a private detective agency or any agency supplying private detectives, private police officers or private guards in a labor dispute. (b) Limitation.--An individual may not be appointed or receive compensation as chief deputy or any other deputy except in accordance with 44 Pa.C.S. Ch. 74 Subch. C (relating to sheriff and deputy sheriff education and training). Cross References. Section 13706 is referred to in sections 13707, 13708, 13711, 13712 of this title.

16 Pa.C.S. § 13707 False statements in deputy's affidavit.

Any false statement contained in an affidavit filed under section 13706 (relating to deputy sheriff's qualifications) shall constitute and shall be punishable as perjury.

16 Pa.C.S. § 13708 Filed items and public records.

The name, photograph and affidavit filed under section 13706 (relating to deputy sheriff's qualifications) with the prothonotary shall constitute a public record.

16 Pa.C.S. § 13709 Public list of applicants for deputy sheriff.

The sheriff shall, from time to time, prepare a list of the names of all the individuals who have applied for appointment as deputy sheriff and meet the qualifications for the position. The list shall be posted in a public place for a period of not less than 10 days. After the 10 days have elapsed, the list shall be filed in the office of the prothonotary. No deputy sheriffs shall be appointed by the sheriff whose names do not appear on the list. Cross References. Section 13709 is referred to in section 13711 of this title.

16 Pa.C.S. § 13710 Private services, gifts and payments prohibited.

(a) Services, gifts and payments.-- (1) A sheriff, deputy sheriff, detective or other county police officer may not perform, directly or indirectly, any official services or official duties for an individual, association or corporation. A sheriff, deputy sheriff, detective or other county police officer may not receive, directly or indirectly, compensation, gifts or gratuities from a person, association or corporation during the period of official services. Nothing in this paragraph shall be construed to prohibit county officers from serving writs and other legal process as authorized by law. (2) Compensation payable to an officer for official duties and services shall be paid only out of the proper county or with other public money to the amount and in the manner prescribed by law. Gifts, donations and gratuities made by an individual, association or corporation to the county or an official or agent of the county shall not be considered public money for the purposes of this paragraph. (b) Firearms and military supplies.-- (1) A county or an official or agent of the county may not accept as a gift, donation or gratuity any arms, ammunition, military supplies, tear gas or equipment or supplies or articles of a similar character. (2) An individual, association or corporation may not provide as a gift, donation or gratuity any arms, ammunition, military supplies, tear gas or equipment or supplies or articles of a similar character to a county or an official or agent of the county. (c) Contract or agreement void.--A contract or agreement made in violation of the provisions of this section shall be null and void, have no effect in law or in equity and be declared contrary to public policy. (d) Outside employment.--Notwithstanding any other provision of this section, unless otherwise prohibited by resolution or ordinance of the county, an individual who is employed as a sheriff, deputy sheriff, detective or other county police officer may engage in outside employment, including employment in security, during a period when the individual is not scheduled to perform and is not performing a duty as a county employee. The county shall not be liable for damage resulting from an act of an individual engaging in outside employment as authorized under this subsection. Cross References. Section 13710 is referred to in sections 13711, 13712 of this title.

16 Pa.C.S. § 13711 Penalties.

A sheriff, deputy sheriff or other county police officer or another official of the county or an individual, association or corporation that violates the provisions of section 13706 (relating to deputy sheriff's qualifications), 13709 (relating to public list of applicants for deputy sheriff) or 13710 (relating to private services, gifts and payments prohibited) commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500 or to undergo imprisonment for not less than 90 days nor more than two years, or both.

16 Pa.C.S. § 13712 Construction.

Nothing contained in section 13706 (relating to deputy sheriff's qualifications) or 13710 (relating to private services, gifts and payments prohibited) shall be construed to prohibit any of the following: (1) The appointment, employment or compensation by a county in the manner expressly provided by law of any of the following: (i) Night watchmen. (ii) Railroad police. (iii) Bank police. (iv) Payroll police. (v) Special policemen to police and protect cemeteries and grounds and buildings open to the public or to enforce laws for the prevention of cruelty to persons or animals. (vi) Fire police whose only duty shall be to direct traffic to or from fires and maintain order at fires. (vii) Police or guards employed by nonprofit corporations or organizations. (2) The payment by an individual, association or corporation of fees or compensation for county police or other peace officers assigned to exhibitions, athletic contests or other recreational activities.

16 Pa.C.S. § 13713 Chief deputy sheriff to act as sheriff in case of vacancy.

If a sheriff is legally removed from office or dies or resigns before the expiration of the term for which the sheriff was commissioned, the chief deputy sheriff shall: (1) execute the office of sheriff and perform all duties required by the office of sheriff; and (2) receive and retain the compensation provided by law for sheriffs until another sheriff is commissioned and notice is given to the chief deputy sheriff. Cross References. Section 13713 is referred to in section 13703 of this title.

16 Pa.C.S. § 13714 Sheriff to keep docket.

A sheriff shall provide and keep in the office of sheriff a book in which the sheriff shall enter all writs that may be received and the proceedings of all the writs. At the expiration of the term of office, the book shall be deposited in the office of the prothonotary for the inspection of all interested members of the public.

16 Pa.C.S. § 13715 Not to exercise office until commission granted and recorded and penalty.

An individual elected or appointed to the office of sheriff may not execute any of the duties of office before a commission is duly granted to the sheriff by the Governor and properly recorded, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of common pleas. The individual elected or appointed to the office of sheriff shall be liable to a person injured by acts done by the sheriff under the purview of the office of sheriff.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=16Fetched: 10/16/2026