51 Pa. C.S. § 5913

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5913 - Vacation of suspension
(a) Bad-conduct discharges and general court-martial sentences.-- Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on an alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(b) Action by court-martial.-- The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed subject to applicable restrictions in this part.
(c) Other sentences.-- The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.

51 Pa.C.S. § 5913

Added by P.L. 1506 2012 No. 192, § 2, eff. 10/24/2013.