THE COURTS

Title 255--LOCAL
COURT RULES

LEHIGH COUNTY

Amendment to Local Rule CR-101A: Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth; File No. 288-M-96

[26 Pa.B. 2903]

Order

   And Now, this 6th day of June, 1996, It Is Ordered that the local rule for Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth in the 31st Judicial district composed of Lehigh County be, and the same is, hereby amended, to become effective thirty (30) days after the publication of the rule in the Pennsylvania Bulletin; that seven (7) certified copies shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Criminal Procedural Rules Committee; and that one (1) copy shall be filed with the Clerk of Courts of Common Pleas of Lehigh County.

By the Court

JAMES N. DIEFENDERFER,   
President Judge

Rule CR-101A.  Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

   The District Attorney of Lehigh County having filed a certification pursuant to Pa.R.Crim.P. 107:

   1.  Enumerated Offenses.

   Criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging one or more of the following offenses shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing:

   (a)  Criminal homicide in violation of 18 Pa.C.S. § 2501; murder of any degree in violation of 18 Pa.C.S. § 2502; voluntary manslaughter in violation of 18 Pa.C.S. § 2503; involuntary manslaughter in violation of 18 Pa.C.S. § 2504; homicide by vehicle in violation of 75 Pa.C.S. § 3732; or homicide by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735;

   (b)  Rape in violation of 18 Pa.C.S. § 3121; statutory sexual assault in violation of 18 Pa.C.S. § 3122.1; or involuntary deviate sexual intercourse in violation of 18 Pa.C.S. § 3123;

   (c)  Any offense enumerated in Act No. 1995-33 (SS1) which is not a ''delinquent act'' as defined in § 6302¹ (2)(i), (ii), and (iii) (delinquent act), and which is now treated as an adult offense.

   2.  Re-Arrests and Refilings.

   Police criminal complaints or arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing where the complaint or arrest warrant are for the rearrest of a defendant previously discharged, or to reinstitute a charge or charges previously dismissed by an issuing authority for failure to prove a prima facie case, provided the current and the former cases arise out of the same criminal episode.

   3.  Arrest Warrant Affidavits Requiring Sealing.

   Arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the arrest warrant affidavit has the approval of an attorney for the Commonwealth prior to filing in any case where the affidavit contains information the disclosure of which, in the opinion of the police, would endanger the safety of an informant, jeopardize the integrity of an ongoing criminal investigation, or which for any other reason should not be disclosed at or about the time of the execution of the warrants. The judicial officer shall ask the police, prior to accepting an affidavit, whether it contains any such information, and if the police indicate it does, the judicial officer shall require that it be submitted to an attorney for the Commonwealth for approval in accordance withthis Rule. If the police indicate it does not, the judicial officer shall accept the affidavit.

   This Rule shall become effective on June 17, 1996.

[Pa.B. Doc. No. 96-1007. Filed for public inspection June 21, 1996, 9:00 a.m.]

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¹  6302(2) The term shall not include:
   (i)  The crime of murder.
   (ii)  Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct, and a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used during the commission of the offense, which, if committed by an adult, would be classified as:
   (A)  Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).
   (B)  Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
   (C)  Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault).
   (D)  Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery).
   (E)  Robbery of motor vehicle as defined in 18 Pa.C.S. § 3125 (relating to robbery of motor vehicle).
   (F)  Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
   (G)  Kidnapping as defined in 18 Pa.C.S. § 2901 (relating to kidnapping).
   (H)  Voluntary manslaughter.
   (I)  An attempt, conspiracy or solicitation to commit murder or any of these crimes, as provided in 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902 (relating to criminal solicitation) and 903 (relating to criminal conspiracy).
   (iii)  Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct, and has been previously adjudicated delinquent of any of the following prohibited conduct, which, if committed by an adult, would be classified as:
   (A)  Rape as defined in 18 Pa.C.S. § 3121.
   (B)  Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123.
   (C)  Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii).
   (D)  Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702.
   (E)  Aggravated indecent assault as defined in 18 Pa.C.S. § 3125.
   (F)  Kidnapping as defined in 18 Pa.C.S. § 2901.
   (G)  Voluntary manslaughter.
   (H)  An attempt, conspiracy or solicitation to commit murder or any of these crimes as provided in 18 Pa.C.S. §§ 901, 902 and 903.

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