Pennsylvania Consolidated Statutes

Pa. R. Crim. P. 840 (2026)

Scope.

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

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Rule 840. Scope.

The rules in Part B provide the procedure for determining if imposition of the death penalty is precluded due to the defendant’s mental retardation.

Comment

These rules are intended to apply only to cases arising within the context of the United States Supreme Court decision in Atkins v. Virginia, 536 U.S. 304 (2002), that held that the execution of a mentally retarded criminal is cruel and unusual punishment prohibited by the Eighth Amendment. Pursuant to Atkins, the Pennsylvania Supreme Court held in Commonwealth v. Sanchez, 614 Pa. 1, 36 A.3d 24 (2011), that a convicted defendant found mentally retarded is ineligible for the death penalty.

Official Note

New Rule 840 adopted July 31, 2013, effective October 1, 2013.

Committee Explanatory Reports:

Final Report explaining the July 31, 2013 adoption of the new rule published with the Court’s Order at 43 Pa.B. 4722 (August 17, 2013).

Source

The provisions of this Rule 840 adopted July 31, 2013, effective October 1, 2013, 43 Pa.B. 4715.