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PA Bulletin, Doc. No. 97-1343

THE COURTS

Title 255--LOCAL COURT RULES

CUMBERLAND COUNTY

Enactment of Rule Governing Approval of Police Complaints and Arrest Warrant Affidavits; 97-239 Miscellaneous

[27 Pa.B. 4311]

Order of Court

   And Now, this 30th day of July, 1997, whereas, the District Attorney has filed a Certification with the Court pursuant to and in compliance with, Pa.R.Crim.P. 107, it is hereby Ordered and Directed that Rule 107.1 of the Cumberland County Local Rules of Court be enacted, said rule shall be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin in accordance with Pa.R.Crim.R. 6, shall apply to all police complaints and arrest warrant affidavits filed on or after said date and shall read as follows:

Rule 107.1.  Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

   The District Attorney of Cumberland County having filed a certification pursuant to Pa.R.Crim.P. 107, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging one (1) or more of the following offenses:

   (a)  All offenses set forth in Chapter 25 of the Pennsylvania Crimes Code entitled ''Criminal Homicide;''

   (b)  The following offenses set forth in Chapter 27 of the Pennsylvania Crimes Code entitled ''Assault:''

   (i)  Aggravated Assault in violation of 18 Pa.C.S. § 2702;

   (ii)  Assault by Prisoner in violation of 18 Pa.C.S. § 2703;

   (iii)  Assault by Life Prisoner in violation of 18 Pa.C.S. § 2704;

   (iv)  Stalking (second or subsequent offense) in violation of 18 Pa.C.S. § 2709(b);

   (v)  Ethnic Intimidation in violation of 18 Pa.C.S. § 2710;

   (vi)  Neglect of care-dependent person (serious bodily injury suffered) in violation of 18 Pa.C.S. § 2713;

   (c)  The following offenses set forth in Chapter 29 of the Pennsylvania Crimes Code entitled ''Kidnapping;''

   (i)  Kidnapping in violation of 18 Pa.C.S. § 2901;

   (ii)  Interference with Custody of Children in violation of 18 Pa.C.S. § 2904;

   (iii)  Interference with Custody of Committed Persons in violation of 18 Pa.C.S. § 2905;

   (iv)  Criminal Coercion in violation of 18 Pa.C.S. § 2906;

   (v)  Disposition of Ransom in violation of 18 Pa.C.S. § 2907;

   (vi)  Concealment of Whereabouts of a Child in violation of 18 Pa.C.S. § 2909;

   (vii)  Luring a Child into a Motor Vehicle in violation of 18 Pa.C.S. § 2910;

   (d)  The following offenses set forth in Chapter 31 of the Pennsylvania Crimes Code entitled ''Sexual Offenses:''

   (i)  Rape in violation of 18 Pa.C.S. § 3121;

   (ii)  Statutory Sexual Assault in violation of 18 Pa.C.S. § 3122.1;

   (iii)  Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S. § 3123;

   (iv)  Sexual Assault in violation of 18 Pa.C.S. § 3124.1;

   (v)  Aggravated Indecent Assault in violation of 18 Pa.C.S. § 3125;

   (vi)  Indecent Assault (if victim less than 16 years of age and/or impaired by mental disability or intoxicants) in violation of 18 Pa.C.S. § 3126;

   (vii)  Indecent Exposure (if victim present less than 16 years of age) in violation of 18 Pa.C.S. § 3127;

   (e)  All offenses set forth in Chapter 32 of the Pennsylvania Crimes Code entitled ''Abortion;''

   (f)  The following offenses set forth in Chapter 33 of the Pennsylvania Crimes Code entitled ''Arson, Criminal Mischief and Other Property Destruction:''

   (i)  Arson and Related Offenses in violation of 18 Pa.C.S. § 3301;

   (ii)  Causing or Risking Catastrophe in violation of 18 Pa.C.S. § 3302;

   (iii)  Criminal Mischief (pecuniary loss in excess of $5,000) in violation of 18 Pa.C.S. § 3304;

   (iv)  Institutional Vandalism (pecuniary property loss in excess of $5,000) in violation of 18 Pa.C.S. § 3307;

   (v)  Agricultural Vandalism (pecuniary loss in excess of $5,000) in violation of 18 Pa.C.S. § 3309;

   (g)  The following offenses set forth in Chapter 35 of the Pennsylvania Crimes Code entitled ''Burglary and Other Criminal Intrusion:''

   (i)  Burglary in violation of 18 Pa.C.S. § 3502;

   (ii)  Criminal Trespass in violation of 18 Pa.C.S. § 3503(a)(1)(i) and (ii);

   (h)  All offenses set forth in Chapter 37 of the Pennsylvania Crimes Code entitled ''Robbery;''

   (i)  The following offenses set forth in Chapter 39 of the Pennsylvania Crimes Code entitled ''Theft and Related Offenses;''

   (i)  Theft by Unlawful Taking or Disposition (over $25,000 and/or committed during disaster as defined in 18 Pa.C.S. § 3903 and/or the property is a Motor Vehicle as defined by 75 Pa.C.S. § 102 and/or the property is a firearm as defined by 18 Pa.C.S. § 6102(2)) in violation of 18 Pa.C.S. § 3921;

   (ii)  Theft by Deception (over $25,000 and/or victim over 60 years of age and/or the property is a Motor Vehicle as defined by 75 Pa.C.S. § 102 and/or the property is a firearm as defined by 18 Pa.C.S. § 6102(2)) in violation of 18 Pa.C.S. § 3922;

   (iii)  Theft by Extortion (over $2,000 and/or the property is a Motor Vehicle as defined by 75 Pa.C.S. § 102 and/or the property is a firearm as defined by 18 Pa.C.S. § 6102(2)) in violation of 18 Pa.C.S. § 3923;

   (iv)  Theft of Property Lost, Mislaid or Delivered by Mistake (over $25,000 and/or the property is a Motor Vehicle as defined by 75 Pa.C.S. § 102 and/or the property is a firearm as defined by 18 Pa.C.S. § 6102(2)) in violation of 18 Pa.C.S. § 3924;

   (v)  Theft by Receiving Stolen Property (over $25,000 and/or committed during disaster as defined in 18 Pa.C.S. § 3903 and/or the receiver is in the business of buying or selling stolen property and/or the property is a Motor Vehicle as defined by 75 Pa.C.S. § 102 and/or the property is a firearm as defined by 18 Pa.C.S. § 6102(2)) in violation of 18 Pa.C.S. § 3925;

   (vi)  Theft of Services (over $25,000) in violation of 18 Pa.C.S. § 3926;

   (vii)  Theft by Failure to Make Required Disposition of Funds Received (over $25,000) in violation of 18 Pa.C.S. § 3927;

   (viii)  Unauthorized Use of Automobile and Other Vehicles (committed during disaster as defined in 18 Pa.C.S. § 3903) in violation of 18 Pa.C.S. § 3928;

   (ix)  Retail Theft (committed during disaster as defined in 18 Pa.C.S. § 3903) in violation of 18 Pa.C.S. § 3929;

   (x)  Theft of Trade Secrets in violation of 18 Pa.C.S. § 3930;

   (xi)  Theft of Leased Property (over $25,000) in violation of 18 Pa.C.S. § 3932;

   (j)  The following offenses set forth in Chapter 41 of the Pennsylvania Crimes Code entitled ''Forgery and Fraudulent Practices:''

   (i)  Fraudulent Destruction, Removal or Concealment of Recordable Instruments in violation of 18 Pa.C.S. § 4103;

   (ii)  Tampering with Records or Identification in violation of 18 Pa.C.S. § 4104;

   (iii)  Deceptive or Fraudulent Business Practices in violation of 18 Pa.C.S. § 4107;

   (iv)  Commercial Bribery and Breach of Duty to Act Disinterestedly in violation of 18 Pa.C.S. § 4108;

   (v)  Rigging Publicly Exhibited Contest in violation of 18 Pa.C.S. § 4109;

   (vi)  Defrauding Secured Creditors in violation of 18 Pa.C.S. § 4110;

   (vii)  Fraud in Insolvency in violation of 18 Pa.C.S. § 4111;

   (viii)  Receiving Deposits in a Failing Financial Institution in violation of 18 Pa.C.S. § 4112;

   (ix)  Misapplication of Entrusted Property and Property of Government or Financial Institution in violation of 18 Pa.C.S. § 4113;

   (x)  Securing Execution of Documents by Deception in violation of 18 Pa.C.S. § 4114;

   (xi)  Copying; Recording Devices in violation of 18 Pa.C.S. § 4116;

   (xii)  Insurance Fraud in violation of 18 Pa.C.S. § 4117;

   (xiii)  Washing Vehicle Titles in violation of 18 Pa.C.S. § 4118;

   (xiv)  Trademark Counterfeiting in violation of 18 Pa.C.S. § 4119;

   (k)  The following offenses set forth in Chapter 43 of the Pennsylvania Crimes Code entitled ''Offenses Against the Family:''

   (i)  Bigamy in violation of 18 Pa.C.S. § 4301;

   (ii)  Incest in violation of 18 Pa.C.S. § 4302;

   (iii)  Concealing Death of Child Born Out of Wedlock in violation of 18 Pa.C.S. § 4303;

   (iv)  Dealing in Infant Children in violation of 18 Pa.C.S. § 4305;

   (l)  All offenses set forth in Chapter 47 of the Pennsylvania Crimes Code entitled ''Bribery and Corrupt Influence;''

   (m)  The following offenses set forth in Chapter 49 of the Pennsylvania Crimes Code entitled ''Falsification and Intimidation:''

   (i)  Perjury in violation of 18 Pa.C.S. § 4902;

   (ii)  Witness or Informant Taking Bribe in violation of 18 Pa.C.S. § 4909;

   (iii)  Tampering With or Fabricating Physical Evidence in violation of 18 Pa.C.S. § 4910;

   (iv)  Tampering With Public Records or Information in violation of 18 Pa.C.S. § 4911;

   (v)  Impersonating a Public Servant in violation of 18 Pa.C.S. § 4912;

   (vi)  Impersonating a Notary Public in violation of 18 Pa.C.S. § 4913;

   (vii)  Intimidation of Witnesses or Victims (if graded a felony) in violation of 18 Pa.C.S. § 4952;

   (viii)  Retaliation Against Witness or Victim in violation of 18 Pa.C.S. § 4953;

   (n)  All offenses set forth in Chapter 51 of the Pennsylvania Crimes Code entitled ''Obstructing Governmental Operations;''

   (o)  All offenses set forth in Chapter 53 of the Pennsylvania Crimes Code entitled ''Abuse of Office;''

   (p)  The following offenses set forth in Chapter 55 of the Pennsylvania Crimes Code entitled ''Riot, Disorderly Conduct and Related Offenses:''

   (i)  Riot in violation 18 Pa.C.S. § 5501;

   (ii)  Abuse of Corpse in violation of 18 Pa.C.S. § 5510;

   (iii)  Lotteries, Etc. in violation of 18 Pa.C.S. § 5512;

   (iv)  Gambling Devices, Gambling, Etc. in violation of 18 Pa.C.S. § 5513;

   (v)  Pool Selling and Bookmaking in violation of 18 Pa.C.S. § 5514;

   (vi)  Prohibiting of Paramilitary Training in violation of 18 Pa.C.S. § 5515;

   (q)  All offenses set forth in Chapter 57 of the Pennsylvania Crimes Code entitled ''Wiretapping and Electronic Surveillance;''

   (r)  The following offenses set forth in Chapter 59 of the Pennsylvania Crimes Code entitled ''Public Indecency:''

   (i)  Prostitution and Related Offenses (if graded a felony) in violation of 18 Pa.C.S. § 5902;

   (ii)  Obscene and Other Sexual Material and Performances in violation of 18 Pa.C.S. § 5903;

   (s)  Certain Bullets Prohibited in violation of 18 Pa.C.S. § 6121;

   (t)  The following offenses set forth in Chapter 63 of the Pennsylvania Crimes Code entitled ''Minors:''

   (i)  Corruption of Minors in violation of 18 Pa.C.S. § 6301;

   (ii)  Sexual Abuse of Children in violation of 18 Pa.C.S. § 6312;

   (u)  The following prohibited acts set forth in ''The Controlled Substance, Drug Device and Cosmetic Act:''

   (i)  Acquisition of Controlled Substance by Fraud (Narcotics of Schedule I and II, Cocaine, PCP, or Methamphetamine/Phencyclidine and/or Amphetamine, if the police officer has reason to believe that the weight of the substance involved is greater than 2.5 grams and/or Marijuana, if the police officer has reason to believe that the weight of the Marijuana involved is greater than 10 pounds or involved more than 21 live plants and/or Methaqualone, if the police officer has reason to believe that the offense involves more than 50 tablets or 25 grams) in violation of 35 P. S. § 780-113(a)(12);

   (ii)  Delivery by Practitioner (Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine/Phencyclidine, and/or Amphetamine, if the police officer has reason to believe that the weight of the substance involved is greater than 2.5 grams and/or Marijuana, if the police officer has reason to believe that the weight of the Marijuana involved is greater than 10 pounds or involved more than 21 live plants and/or Methaqualone, if the police officer has reason to believe the offense involves more than 50 tablets or 25 grams and/or the offense involved the administration, dispensing, delivery, gift or prescription to a minor under the age of 18 and/or the police officer has reason to believe the offense occurred within 1,000 feet of a public or private elementary or secondary school) in violation of 35 P. S. § 780-113(a)(14);

   (iii)  Manufacture, Delivery, or Possession with Intent to Deliver (Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine/Phencyclidine, and/or Amphetamine, if the police officer has reason to believe that the weight of the substance involved is greater than 2.5 grams and/or Marijuana, if the police officer has reason to believe that the weight of the Marijuana involved is greater than 10 pounds or involved more than 21 live plants and/or Methaqualone, if the police officer has reason to believe that the offense involves more than 50 tablets or 25 grams and/or the offense involved manufacture, delivery or possession with intent to deliver to a minor under the age of 18 and/or the police officer has reason to believe the offense occurred within 1,000 feet of a public or private elementary or secondary school) in violation of 35 P. S. § 780-113(a)(30);

   (iv)  Possession of Anabolic Steroids or Substance Labeled as a Dispensed Prescription (Narcotics of Schedule I and II, Cocaine, PCP, Methamphetamine/Phencyclidine, and/or Amphetamine, if the police officer has reason to believe that the weight of the substance involved is greater than 2.5 grams and/or Marijuana, if the police officer has reason to believe that the weight of the Marijuana involved is greater than 10 pounds or involved more than 21 live plants and/or Methaqualone, if the police officer has reason to believe that the offense involves more than 50 tablets or 25 grams) in violation of 35 P. S. § 780-113(a)(37);

   (v)  Manufacture of Amphetamines in violation of 35 P. S. § 780-113(k);

   (v)  Transports, etc. Hazardous Waste Without Permit in violation of ''Solid Waste Management Act,'' 35 P. S. § 6018.101--6018.1002;

   (w)  Knowingly Releases Hazardous Air Pollutant in violation of ''Air Pollution Control Act,'' 35 P. S. § 691.1--691.1001;

   (x)  Homicide by Vehicle in violation of 75 Pa.C.S. § 3732;

   (y)  Homicide by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S. § 3735;

   (z)  Aggravated Assault by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S. § 3735.1;

   (aa)  Accidents Involving Death or Personal Injury (if the officer has reason to believe that the victim has suffered or may suffer serious bodily injury as defined in the statute) in violation of 75 Pa.C.S. § 3742;

   (bb)  Corrupt Organizations in violation of 18 Pa.C.S. § 911;

   (cc)  Possession of Weapon on School Property in violation of 18 Pa.C.S. § 912:

   (dd)  Possession of Firearm or Other Dangerous Weapon in Court Facility in violation of 18 Pa.C.S. § 913;

   (ee)  Attempt, Solicitation, or Conspiracy to Commit any offense which itself requires the approval of the Attorney for the Commonwealth prior to filing, 18 Pa.C.S. § 901, 902 and 903

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.

   It is Further Ordered and Directed that the Cumberland County Prothonotary file seven (7) certified copies of the rule with the Administrative Office of the Pennsylvania Courts, distribute two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, and file one (1) certified copy with the Criminal Procedural Rules Committee of the Pennsylvania Supreme Court.

   It is Further Ordered and Directed that a copy of this rule shall be kept continuously available for public inspection and copying in the office of the Cumberland County Prothonotary and the Cumberland County Clerk of Court.

By the Court

HAROLD E. SHEELY,   
President Judge

[Pa.B. Doc. No. 97-1343. Filed for public inspection August 22, 1997, 9:00 a.m.]


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