4136 - Rights of persons charged with certain indirect criminal contempts.

     § 4136.  Rights of persons charged with certain indirect                criminal contempts.        (a)  General rule.--A person charged with indirect criminal     contempt for violation of a restraining order or injunction     issued by a court shall enjoy:            (1)  The rights to bail that are accorded to persons        accused of crime.            (2)  The right to be notified of the accusation and a        reasonable time to make a defense, if the alleged contempt is        not committed in the immediate view or presence of the court.            (3) (i)  Upon demand, the right to a speedy and public            trial by an impartial jury of the judicial district            wherein the contempt is alleged to have been committed.                (ii)  The requirement of subparagraph (i) shall not            be construed to apply to contempts:                    (A)  Committed in the presence of the court or so                near thereto as to interfere directly with the                administration of justice, or to apply to the                misbehavior, misconduct, or disobedience of any                officer of the court in respect to the writs, orders,                or process of the court.                    (B)  Subject to 23 Pa.C.S. § 6114 (relating to                contempt for violation of order or agreement).                    (C)  Subject to 75 Pa.C.S. § 4108(c) (relating to                nonjury criminal contempt proceedings).            (4)  The right to file with the court a demand for the        withdrawal of the judge sitting in the proceeding, if the        alleged contempt arises from an attack upon the character or        conduct of such judge, and if the attack occurred otherwise        than in open court. Upon the filing of any such demand, the        judge shall thereupon proceed no further but another judge        shall be designated by the court. The demand shall be filed        prior to the hearing in the contempt proceeding.        (b)  Punishment.--Except as otherwise provided in this title     or by statute hereafter enacted, punishment for a contempt     specified in subsection (a) may be by fine not exceeding $100 or     by imprisonment not exceeding 15 days in the jail of the county     where the court is sitting, or both, in the discretion of the     court. Where a person is committed to jail for the nonpayment of     such a fine, he shall be discharged at the expiration of 15     days, but where he is also committed for a definite time, the 15     days shall be computed from the expiration of the definite time.     (Apr. 28 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982,     P.L.1409, No.326, eff. 60 days; Dec. 19, 1990, P.L.1240, No.206,     eff. 90 days)