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PA Bulletin, Doc. No. 97-1388

THE COURTS

WYOMING AND SULLIVAN COUNTIES

Amendment to 44th Judicial District Rules; No. 97-849 Civil, 97-284--Criminal

[27 Pa.B. 4430]

Order of Court

   And Now, the 18th day of August, 1997, It Is Ordered that Rule 101A of ''44th Jud. Dist. Rules--Crim.'' is amended to provide:

Rule 101A.  Approval of police complaints and arrest warrant affidavits by attorney for the Commonwealth.

   The District Attorneys of Wyoming County and Sullivan County having filed a certification pursuant to Pa.R.Crim.P. 101A, 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 have the approval of an attorney for the Commonwealth prior to filing:

   (a)  Criminal Homicide in violation of 18 Pa.C.S. Section 2501; Murder of any degree in violation of 18 Pa.C.S. Section 2502; Voluntary Manslaughter in violation of 18 Pa.C.S. Section 2503; or Involuntary Manslaughter in violation of 18 Pa.C.S., Section 2504; or

   (b)  Rape in violation of 18 Pa.C.S. Section 3121; Statutory Sexual Assault in violation of 18 Pa.C.S. Section 3122.1; Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S. Section 3123; Sexual Assault in violation of 18 Pa.C.S. A. Section 3124.1; Aggravated Indecent Assault in violation of 18 Pa.C.S. A. Section 3125; Indecent Assault in violation of 18 Pa.C.S. A. 3126;

   (c)  Homicide by Motor Vehicle in violation of 75 P. S. Sections 3732 and 3735; Aggravated Assault by Vehicle (DUI related) in violation of 75 Pa.C.S. A. Section 3735.1; or

   (d)  Aggravated Assault in violation of 18 Pa.C.S. A. Section 2702.

   It Is Further Ordered that Rule 2002A of ''44th Jud. Dist. Rules--Crim.'' is amended to provide:

Rule 2002A.  Approval of search warrant applications by attorney for the Commonwealth.

   The District Attorneys of Wyoming County and Sullivan County having filed a certification pursuant to Pa. R. Crim. P. 2002A, search warrants, in all circumstances, shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

   It Is Further Ordered that the said amended Rules of the 44th Judicial District shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

   By the Court

BRENDAN J. VANSTON,   
President Judge

[Pa.B. Doc. No. 97-1388. Filed for public inspection August 29, 1997, 9:00 a.m.]


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