Pennsylvania Bulletin

PA Bulletin, Doc. No. 97-1660

THE COURTS

LUZERNE COUNTY

Amendment to Rule of Court No. 288; Criminal Division

[27 Pa.B. 5418]

Order

   And Now, this 2nd day of October, 1997, at 12:25 p.m., upon consideration of the filing of the certification by the District Attorney of Luzerne County, pursuant to Pa.R.Crim.P. 107 (relating to Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth), which follows and is made a part hereof as Exhibit ''A'', it is hereby Ordered as follows:

   (1)  Local Rule 288 is rescinded and renumbered to Rule 107;

   (2)  Rule 107 follows and is made a part hereof as Exhibit ''B'';

   (3)  This Rule shall become effective thirty days following its publication in the Pennsylvania Bulletin.

By the Court

JOSEPH M. AUGELLO,
President Judge

Exhibit ''A''

Certification Pursuant to PA.R. CRIM.P. 107

   The District Attorney of Luzerne County hereby files 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 or more of the following offenses, or an attempt, solicitation, or conspiracy to commit any of the following:

   (a)  All offenses set forth in Chapter 25 of the Crimes Code (relating to criminal homicide): Murder of the first degree; Murder of the second degree; Murder of the third degree; Voluntary manslaughter; Involuntary manslaughter; Causing or aiding suicide; and Drug delivery resulting in death;

   (b)  Rape, in violation of 18 Pa.C.S.A. § 3121;

   (c)  Statutory sexual assault, in violation of 18 Pa. C.S.A. § 3121.1;

   (d)  Involuntary deviate sexual intercourse, in violation of 18 Pa. C.S.A. § 3123;

   (e)  Sexual Assault, in violation of 18 Pa.C.S.A. § 3124.1;

   (f)  Aggravated indecent assault, in violation of 18 Pa. C.S.A. § 3125;

   (g)  Robbery, in violation of 18 Pa.C.S.A. § 3701;

   (h)  Arson, in violation of 18 Pa.C.S.A. § 3301;

   (i)  All prohibited acts as set forth in the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-113 (a)(30);

   (j)  Kidnapping, in violation of 18 Pa.C.S.A. § 2901;

   (k)  Homicide by vehicle, in violation of 75 Pa.C.S.A. § 3732;

   (l)  Homicide by vehicle while driving under the influence, in violation of 75 Pa.C.S.A. § 3735;

   (m)  Corrupt organizations, in violation of 18 Pa.C.S.A. § 911;

   (n)  Ethnic intimidation, in violation of 18 Pa.C.S.A. § 2710;

   (o)  All offenses as set forth in Chapter 47 of the Crimes Code, relating to bribery and corrupt influence;

   (p)  Obstructing administration of law or other governmental function, in violation of 18 Pa.C.S.A. § 5101;

   (q)  All offenses as set forth in Chapter 53 of the Crimes Code, relating to abuse of office;

   (r)  All offenses as set forth in Chapter 57 of the Crimes Code, relating to wiretapping and electronic surveillance;

   (s)  Obscene and other sexual materials and performances, in violation of 18 Pa.C.S.A. § 5903 shall not hereafter be accepted by any judicial officer unless the complaint and/or affidavit has the approval of an attorney for the Commonwealth prior to filing.

Exhibit ''B''

Local Rule 107

   The District Attorney of Luzerne 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 or more of the following offenses, or an attempt, solicitation, or conspiracy to commit any of the following:

   (a)  All offenses set forth in Chapter 25 of the Crimes Code (relating to criminal homicide): Murder of the first degree; Murder of the second degree; Murder of the third degree; Voluntary manslaughter; Involuntary manslaughter; Causing or aiding suicide; and Drug delivery resulting in death;

   (b)  Rape, in violation of 18 Pa.C.S.A. § 3121;

   (c)  Statutory sexual assault, in violation of 18 Pa. C.S.A. § 3121.1;

   (d)  Involuntary deviate sexual intercourse, in violation of 18 Pa.C.S.A. § 3123;

   (e)  Sexual Assault, in violation of 18 Pa.C.S.A. § 3124.1;

   (f)  Aggravated indecent assault, in violation of 18 Pa. C.S.A. § 3125;

   (g)  Robbery, in violation of 18 Pa.C.S.A. § 3701;

   (h)  Arson, in violation of 18 Pa.C.S.A. § 3301;

   (i)  All prohibited acts as set forth in the Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780-113 (a)(30);

   (j)  Kidnapping, in violation of 18 Pa.C.S.A. § 2901;

   (k)  Homicide by vehicle, in violation of 75 Pa.C.S.A. § 3732;

   (l)  Homicide by vehicle while driving under the influence, in violation of 75 Pa.C.S.A. § 3735;

   (m)  Corrupt organizations, in violation of 18 Pa. C.S.A. § 911;

   (n)  Ethnic intimidation, in violation of 18 Pa.C.S.A. § 2710;

   (o)  All offenses as set forth in Chapter 47 of the Crimes Code, relating to bribery and corrupt influence;

   (p)  Obstructing administration of law or other governmental function, in violation of 18 Pa.C.S.A. § 5101;

   (q)  All offenses as set forth in Chapter 53 of the Crimes Code, relating to abuse of office;

   (r)  All offenses as set forth in Chapter 57 of the Crimes Code, relating to wiretapping and electronic surveillance;

   (s)  Obscene and other sexual materials and performances, in violation of 18 Pa. C.S.A. § 5903 shall not hereafter be accepted by any judicial officer unless the complaint and/or affidavit has the approval of an attorney for the Commonwealth prior to filing.

PETER PAUL OLSZEWSKI, Jr.,
District Attorney

[Pa.B. Doc. No. 97-1660. Filed for public inspection October 17, 1997, 9:00 a.m.]

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