THE COURTS
[234 PA. CODE CH. 50]
Proposed Amendments to Clarify Summary Procedures for Cases in which the Offense Charged Includes a Mandatory Sentence of Imprisonment
[28 Pa.B. 1510]
Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rule 53 (Contents of Citation), and Rules 59, 64, and 69--guilty pleas in summary cases. The proposed amendments clarify summary procedures for the cases in which the offense(s) charged includes a mandatory sentence of imprisonment. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed amendments to Rules 53, 59, 64, and 69 precedes the Report.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Proce-dural Rules Committee, P. O. Box 1325, Doylestown, PA 18901, no later than Wednesday, April 29, 1998.
By the Criminal Procedural Rules Committee
FRANCIS BARRY MCCARTHY,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
CHAPTER 50. PROCEDURE IN SUMMARY CASES
PART II. CITATION PROCEDURES Rule 53. Contents of Citation.
(A) Every citation shall contain:
* * * * * (7) a notation that the charge on the citation includes a mandatory sentence of imprisonment;
[(7)] (8) * * *
[(8)] (9) * * *
[(9)] (10) * * *
(B) The copy delivered to the defendant shall also contain a notice to the defendant:
* * * * * (2) that the defendant shall, within 10 days after issuance of the citation:
* * * * * (b) plead guilty by:
(i) appearing before the proper issuing authority for the entry of the plea and imposition of sentence in all cases in which the penalty for the offense charged includes a mandatory sentence of imprisonment; or
(ii) appearing before the proper issuing authority for the entry of the plea and imposition of sentence, when the fine and costs are not specified in the citation; or
[(i)] (iii) notifying the proper issuing authority in writing of the plea and forwarding an amount equal to the fine and costs when specified in the statute or ordinance, the amount of which shall be set forth in the citation; or
* * * * * Official Note: Previous rule, originally numbered Rule 133(a) and Rule 133(b), adopted January 31, 1970, effective May 1, 1970; renumbered as Rule 53(a) and 53(b) September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present rule adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended February 1, 1989, effective as to cases instituted on or after July 1, 1989; amended January 31, 1991, effective July 1, 1991; amended June 3, 1993, effective as to new citations printed on or after July 1, 1994; amended July 25, 1994, effective January 1, 1995; amended ______ , 1998, effective ______ , 1998.
Comment Paragraph (A)(3) requires the law enforcement officer who issues a citation to indicate on the citation if the defendant is a juvenile and, if so, whether the juvenile's parents were notified. See the Judicial Code, 42 Pa.C.S. § 1522, concerning parental notification in certain summary cases involving juveniles.
* * * * * [If the law enforcement officer specifies the fine and costs in the citation, the defendant may plead guilty by mail. The officer may specify the fine and costs only when the penalty provided by law does not include imprisonment and the statute or ordinance fixes the specific amount for the fine. Consequently, if by statute a sentence of imprisonment is authorized for the offense(s) charged, such sentence may only be imposed if neither the fine nor costs is specified in the citation and the defendant therefore must personally appear before the issuing authority.]
The law enforcement officer may specify the fine and costs in the citation only when the penalty provided by law does not include a mandatory sentence of imprisonment and the statute or ordinance fixes a specific amount for the fine. Except in cases in which there is a mandatory sentence of imprisonment, when the law enforcement officer specifies the fine and costs in a citation, the defendant may plead guilty by mail. When the law enforcement officer specifies a fine on the citation, and a sentence of imprisonment is authorized by statute but is not mandatory, then imprisonment may not be imposed.
When the law enforcement officer does not specify the fine and costs, or there is a mandatory sentence of imprisonment, the defendant must appear before the issuing authority to plead guilty. See Rules 59, 64, and 69.
When there is a mandatory sentence of imprisonment for the offense charged, the issuing authority may not accept a guilty plea by mail. For the procedure for returning guilty pleas mailed to the issuing authority when there is a mandatory sentence of imprisonment, see Rules 59, 64, and 69.
Paragraph (B)(2)(b)(i) provides notice to the defendant that he or she must appear before the issuing authority when the penalty for the offense charged mandates incarceration.
* * * * * Committee Explanatory Reports:
* * * * * Report explaining the July 25, 1994 amendments published with Court's Order at 24 Pa.B. 4068 (August 13, 1994).
Report explaining the, 1998 amendments published at 28 Pa.B. 1514 (March 28, 1988).
PART IIA. PROCEDURES WHEN CITATION IS ISSUED TO DEFENDANT Rule 59. Guilty Pleas.
[(a)] (A) A defendant may plead guilty by:
(1) appearing before the proper issuing authority for the entry of the plea and imposition of sentence when the penalty for the offense charged includes a mandatory sentence of imprisonment; or
(2) appearing before the issuing authority for the entry of the plea and imposition of sentence when the fine and costs are not specified in the citation; or
[(1)] (3) notifying the issuing authority in writing of the plea and forwarding to the issuing authority an amount equal to the fine and costs specified in the citation[; or].
[(b)] (B) When the defendant pleads guilty pursuant to paragraph [(a)(1)] (A)(3):
* * * * * [(c)] (C) When the defendant [is required to] personally appears before the issuing authority to plead guilty pursuant to [paragraph (a)] paragraphs (A)(1) or (2), the issuing authority shall:
(1) [advise] inform the defendant of the right to counsel when there is a likelihood of imprisonment and give the defendant, upon request, a reasonable opportunity to secure counsel;
* * * * * (4) impose sentence; [and]
(5) provide for installment payments when a defendant who is sentenced to pay fine and costs is without the financial means immediately to pay the fine and costs[.];
(6) inform the defendant of the right, pursuant to Rule 86, to appeal the sentence within 30 days for a trial de novo in the court of common pleas, and that if an appeal is filed, then;
(a) execution of sentence will be stayed and the issuing authority may set bail or collateral; and
(b) the defendant must appear for the trial de novo or the appeal may be dismissed;
(7) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of the sentence on a date certain unless the defendant files a notice of appeal during the 30- day appeal period; and
(8) issue a written order imposing sentence, signed by the issuing authority, including the information specified in paragraphs (C)(1)--(C)(7), and give a copy of the order to the defendant.
(D) When the defendant is required to appear personally before the issuing authority to plead guilty pursuant to paragraph (A)(1) or (A)(2), but the defendant improperly mails the plea of guilty to the issuing authority, the issuing authority shall:
(1) accept as collateral any sums forwarded by the defendant as payment of the fine and costs;
(2) notify the defendant, in person or by first class mail, that the defendant cannot plead guilty by mail, and that he or she must appear in person before the issuing authority within 10 days of the date of the notice. Notice by first class mail shall be considered complete upon mailing to the defendant's last known address;
(3) notify the defendant of the right to counsel; and
(4) notify the defendant that failure to respond to the notice within the 10-day period may result in the issuance of an arrest warrant.
Official Note: Previous Rule 59 adopted September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 75. Present Rule 59 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991 ; amended ______ , 1998, effective ______ , 1998.
Comment [Paragraph (a) of this rule is derived from previous Rules 52A2.(b)(ii) and 54. Paragraph (b) of this rule is derived from previous Rule 65(e). Paragraph (c) of this rule is derived from previous Rule 56.]
Nothing is this rule is intended to require that an issuing authority should proceed as provided in paragraph [(c)] (C) when the defendant returns the written guilty plea and fine and costs in person to the issuing authority's office pursuant to paragraphs [(a)(1)] (A)(3) and [(b)] (B). The issuing authority's staff should record receipt of the plea and monies in the same manner as those received by mail.
Paragraph (A)(1) requires the defendant to appear before the issuing authority to plead guilty in those cases in which mandatory imprisonment is a penalty for the offense charged.
Paragraph (D) establishes procedures for those cases in which the defendant improperly mails a plea of guilty to the issuing authority. Because some offenses carry mandatory sentences, paragraph (D) requires that the issuing authority send this notice to the defendant who improperly mails a guilty plea to the issuing authority, even in cases in which the defendant does not forward any monies.
For procedure upon default in payment of fine or costs, see Rule 85.
For appeal procedures in summary cases, see Rule 86.
For procedures regarding arrest warrants, see Rules 75 and 76.
With regard to the defendant's right to counsel and waiver of counsel, see Rules 316 and 318.
Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Report explaining the , 1998 amendments published at 28 Pa.B. 1514 (March 28, 1998).
PART IIB. PROCEDURES WHEN CITATION FILED Rule 64. Guilty Pleas.
[(a)] (A) A defendant may plead guilty by:
(1) appearing before the proper issuing authority for the entry of the plea and imposition of sentence when the penalty for the offense charged includes a mandatory sentence of imprisonment; or
(2) appearing before the issuing authority for the entry of the plea and imposition of sentence when the fine and costs are not specified in the summons[.]; or
[(1)] (3) notifying the issuing authority in writing of the plea and forwarding an amount equal to the fine and costs specified in the summons [; or] .
[(b)] (B) When the defendant pleads guilty pursuant to paragraph [(a)(1)] (A) (3):
* * * * * [(c)] (C) When the defendant [is required to] personally [appear] appears before the issuing authority to plead guilty pursuant to [paragraph (a)] paragraphs (A)(1) or (2), the issuing authority shall:
(1) [advise] inform the defendant of the right to counsel when there is a likelihood of imprisonment and give the defendant, upon request, a reasonable opportunity to secure counsel;
* * * * * (4) impose sentence; [and]
(5) provide for installment payments when a defendant who is sentenced to pay fine and costs is without the financial means immediately to pay the fine and costs[.];
(6) inform the defendant of the right, pursuant to Rule 86, to appeal the sentence within 30 days for a trial de novo in the court of common pleas, and that if an appeal is filed, then;
(a) execution of sentence will be stayed and the issuing authority may set bail or collateral; and
(b) the defendant must appear for the trial de novo or the appeal may be dismissed;
(7) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of the sentence on a date certain unless the defendant files a notice of appeal during the 30- day appeal period; and
(8) issue a written order imposing sentence, signed by the issuing authority, including the information specified in paragraphs (C)(1)--(C)(7), and give a copy of the order to the defendant.
(D) When the defendant is required to appear personally before the issuing authority to plead guilty pursuant to paragraph (A)(1) or (A)(2), but the defendant improperly mails the plea of guilty to the issuing authority, the issuing authority shall:
(1) accept as collateral any sums forwarded by the defendant as payment of the fine and costs;
(2) notify the defendant, in person or by first class mail, that the defendant cannot plead guilty by mail, and that he or she must appear in person before the issuing authority within 10 days of the date of the notice. Notice by first class mail shall be considered complete upon mailing to the defendant's last known address;
(3) notify the defendant of the right to counsel; and
(4) notify the defendant that failure to respond to the notice within the 10-day period may result in the issuance of an arrest warrant.
Official Note: Previous rule, originally numbered Rule 136, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 64 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 84. Present Rule 64 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; amended ______ , 1998, effective ______ , 1998.
Comment [Paragraph (a) of this rule, together with paragraph (a) of Rule 69 replaces previous Rule 57(b)(2). Paragraphs (b) and (c) of this rule are derived from previous Rule 65(e) and previous Rule 56, respectively.]
Nothing is this rule is intended to require that an issuing authority should proceed as provided in paragraph [(c)] (C) when the defendant returns the written guilty plea and fine and costs in person to the issuing authority's office pursuant to paragraphs [(a)(1)](A)(3) and [(b)] (B). The issuing authority's staff should record receipt of the plea and monies in the same manner as those received by mail.
Paragraph (A)(1) requires the defendant to appear before the issuing authority to plead guilty in those cases in which mandatory imprisonment is a penalty for the offense charged.
Paragraph (D) establishes procedures for those cases in which the defendant improperly mails a plea of guilty to the issuing authority. Because some offenses carry mandatory sentences, paragraph (D) requires that the issuing authority send this notice to the defendant who improperly mails a guilty plea to the issuing authority, even in cases in which the defendant does not forward any monies.
* * * * * Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Report explaining the, 1998 amendments published at 28 Pa.B. 1514 (March 28, 1998).
PART III. PROCEDURES IN SUMMARY CASES WHEN COMPLAINT FILED Rule 69. GUILTY PLEAS.
[(a)] (A) A defendant may plead guilty by:
(1) appearing before the proper issuing authority for the entry of the plea and imposition of sentence when the penalty for the offense charged includes a mandatory sentence of imprisonment; or
(2) appearing before the issuing authority for the entry of the plea and imposition of sentence, when the fine and costs are not specified in the summons; or
[(1)] (3) notifying the issuing authority in writing of the plea and forwarding an amount equal to the fine and costs specified in the summons[; or].
[(b)] (B) When the defendant pleads guilty pursuant to paragraph [(a)(1)] (A) (3):
* * * * * [(c)] (C) When the defendant [is required to] personally [appear] appears before the issuing authority to plead guilty pursuant to [paragraph (a)] paragraphs (A)(1) or (2), the issuing authority shall:
(1) [advise] inform the defendant of the right to counsel when there is a likelihood of imprisonment and give the defendant, upon request, a reasonable opportunity to secure counsel;
* * * * * (4) impose sentence; [and]
(5) provide for installment payments when a defendant who is sentenced to pay fine and costs is without the financial means immediately to pay the fine and costs[.];
(6) inform the defendant of the right, pursuant to Rule 86, to appeal the sentence within 30 days for a trial de novo in the court of common pleas, and that if an appeal is filed, then;
(a) execution of sentence will be stayed and the issuing authority may set bail or collateral; and
(b) the defendant must appear for the trial de novo or the appeal may be dismissed;
(7) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of the sentence on a date certain unless the defendant files a notice of appeal during the 30- day appeal period; and
(8) issue a written order imposing sentence, signed by the issuing authority, including the information specified in paragraphs (C)(1)--(C)(7), and give a copy of the order to the defendant.
(D) When the defendant is required to appear personally before the issuing authority to plead guilty pursuant to paragraph (A)(1) or (A)(2), but the defendant improperly mails the plea of guilty to the issuing authority, the issuing authority shall:
(1) accept as collateral any sums forwarded by the defendant as payment of the fine and costs;
(2) notify the defendant, in person or by first class mail, that the defendant cannot plead guilty by mail, and that he or she must appear in person before the issuing authority within 10 days of the date of the notice. Notice by first class mail shall be considered complete upon mailing to the defendant's last known address;
(3) notify the defendant of the right to counsel; and
(4) notify the defendant that failure to respond to the notice within the 10-day period may result in the issuance of an arrest warrant.
Official Note: Previous rule, originally numbered Rule 140, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 69 September 18, 1973, effective January 1, 1974; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present Rule 69 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; amended ______ , 1998, effective ______ , 1998.
Comment [Paragraph (a) of this rule, together with paragraph (a) of Rule 64, replaces previous Rule 57(b)(2). Paragraphs (b) and (c) of this rule are derived from previous Rule 65(e) and previous Rule 56, respectively.]
Nothing is this rule is intended to require that an issuing authority should proceed as provided in paragraph [(c)] (C) when the defendant returns the written guilty plea and fine and costs in person to the issuing authority's office pursuant to paragraphs [(a)(1)](A)(3) and [(b)] (B). The issuing authority's staff should record receipt of the plea and monies in the same manner as those received by mail.
Paragraph (A)(1) requires the defendant to appear before the issuing authority to plead guilty in those cases in which mandatory imprisonment is a penalty for the offense charged.
Paragraph (D) establishes procedures for those cases in which the defendant improperly mails a plea of guilty to the issuing authority. Because some offenses carry mandatory sentences, paragraph (D) requires that the issuing authority send this notice to the defendant who improperly mails a guilty plea to the issuing authority, even in cases in which the defendant does not forward any monies.
* * * * * Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Report explaining the , 1998 amendments published at 28 Pa.B. 1514 (March 28, 1998).
REPORT Proposed Amendments to Pa.Rs.Crim.P. 53, 59, 64, 69
GUILTY PLEAS IN SUMMARY CASES INVOLVING SENTENCES OF MANDATORY IMPRISONMENT
A. Background
The Committee has been reexamining the summary guilty plea procedures in general, and the procedures for pleas by mail in particular. Because of the relatively minor nature of most of the summary offenses, many of which only have a penalty of a fine and costs, the summary case rules permit a defendant to plead guilty by mail, but only when the fine and costs are listed on the citation. This procedure was included in the new rules adopted in 1985, and the following language : if by statute a sentence of imprisonment is authorized for the offense(s) charged, such sentence may only be imposed if neither the fine nor costs is specified in the citation and the defendant therefore must personally appear before the issuing authority, was added to the Rule 53 Comment to emphasize the intent of the rule that the law enforcement officer must not include fines and costs on the citation when the penalty authorizes a sentence of imprisonment or when the statute does not fix an amount of fine and costs. See 13 Pa.B. 2948, 2964 (10/1/83).
As part of our review, it has come to our attention that the addition of mandatory sentences, specifically mandatory sentences of imprisonment, see, e.g., 75 Pa.C.S. § 1543(b), in summary cases is causing confusion in cases in which the defendant pleads guilty by mail. According to recent correspondence, it is the preceding Rule 53 Comment language which is causing confusion in practice, particularly when the sentence includes mandatory imprisonment. According to the correspondents, notwithstanding the language in Rule 53, law enforcement officers continue to put the fines and costs on citations in these cases, and this practice is creating problems for the minor judiciary who do not know what to do, particularly when, in mandatory imprisonment cases, the defendants mail in the fine and costs with a guilty plea. In some cases, the issuing authorities continue to accept the plea and the fine and costs, and do not impose imprisonment. In other cases, the issuing authorities accept the fine and costs as collateral for the defendant's appearance for a sentencing hearing. Still other issuing authorities return the citation and direct the defendant to appear in person to plead guilty.
The Committee, agreeing that the procedures for handling mandatory sentences in summary cases should be clarified, looked at the issue both from the perspective of the problems generated by the Rule 53 Comment language, and whether there should be different summary guilty plea procedures from the procedures in Rules 59, 64, and 69 (the guilty plea rules) when the penalty includes mandatory imprisonment. The Committee concluded that the Rule 53 Comment should be revised to more clearly state the intent of the rules with regard to pleas by mail, and that Rules 53, 59, 64, and 69 should be amended to provide special procedures when the penalty includes a mandatory sentence of imprisonment. We agreed that the rules should require that a defendant appear before the issuing authority to enter a guilty plea in all cases which involve a mandatory sentence of imprisonment, whether or not the police include the fine and costs on the citation, should prohibit the issuing authority from accepting such pleas by mail, and should provide the procedures for handling cases in which a defendant mails in a plea.
B. Discussion of Rule Changes
1. Rule 53 (Contents of Citation)
Rule 53 sets forth the contents of the citation. The Committee agreed that paragraph (B), which sets forth the notice provisions required on the citation, including how to enter a plea, should be amended to include a notice to the defendant that in cases involving a mandatory sentence of imprisonment, the defendant must appear in person to enter a plea. To accomplish this, the Committee agreed to add a new paragraph (B)(2)(b)(i), which would require that the citation give notice to the defendant that, if the defendant wants to plead guilty when there is a mandatory sentence of imprisonment, he or she must appear before the issuing authority to enter the plea. The new provision would precede the present provisions for pleading guilty to emphasize its requirements and to highlight its differences from the other two provisions.
To insure that the defendant understands that there is a mandatory sentence of imprisonment for the offense charged, the Committee agreed that Rule 53(A) should be amended by the addition of new paragraph (7), which would require that the citation form include a notation when the penalty for the offense charged includes a mandatory sentence of imprisonment. We anticipate that this requirement will be fulfilled by the addition of a box on the face of the citation, which the police officer must check when the offense charged includes a mandatory sentence of imprisonment, and that the notice to the defendant required by paragraph (B)(2)(b)(i) will include an instruction that if the box is checked, the defendant must appear before the issuing authority to enter a plea.
The Rule 53 Comment would be revised in several ways. The third paragraph, which has caused the confusion referred to in the Background section, would be rewritten to more clearly explain that a law enforcement officer may specify the fine and costs on the citation only when the penalty provided by law does not include a mandatory sentence of imprisonment and the statute fixes a specific amount for the fine. Recognizing that law enforcement officers may continue to enter a fine and costs on the citation, contrary to the requirements of the rules, the Comment further explains that, except in cases in which the penalty includes a mandatory sentence of imprisonment, the defendant may plead guilty by mail when a law enforcement officer specifies a fine on the citation, even if a sentence of imprisonment is authorized. In such cases, as long as the sentence of imprisonment is not mandatory, the issuing authority must accept the fine and costs and may not impose a sentence of imprisonment. Two additional provisions make it clear (1) that a defendant must appear before the issuing authority to plead guilty in any cases in which there is a mandatory sentence of imprisonment required for the offense charged, or in which the fine and costs are not specified, and (2) that an issuing authority cannot accept a guilty plea by mail in any case in which the offense charged requires mandatory imprisonment as a penalty. These provisions make it clear that, if a defendant is charged by citation with an offense which has mandatory imprisonment as part of its penalty, the defendant cannot circumvent the mandatory sentence by pleading guilty by mail. Finally, the Comment includes a cross-reference to the summary rules for guilty pleas (Rules 59, 64, and 69) for the procedures when there is a mandatory sentence of imprisonment.
2. Rules 59, 64, and 69: Guilty Pleas in Summary Cases
The summary guilty plea rules, Rules 59, 64, and 69, set forth the procedures for pleading guilty by mail or in person.1 Paragraph (A) has been reorganized, and new paragraph (A)(1) would require that, in mandatory imprisonment cases, the defendant must appear in person to plead guilty and for imposition of sentence.
New paragraph (C) would establish the procedures for the issuing authority to follow in all cases when a defendant appears to plead guilty in person. It would provide that the issuing authority must:
1) inform the defendant of the right to appeal;
2) inform the defendant when the sentence commences; and
3) provide the defendant with a signed copy of the written order imposing sentence.
New paragraph (D) would establish the procedures for the issuing authority to follow when a defendant improperly mails in the plea of guilty in a mandatory imprisonment case. The issuing authority is required to accept, as collateral, any sums forwarded by the defendant as payment of fines and costs, and to notify the defendant that:
1) the guilty plea must be entered in person;
2) the defendant has a right to counsel; and
3) the failure of the defendant to respond to the notice may result in the issuance of an arrest warrant.
[Pa.B. Doc. No. 98-475. Filed for public inspection March 27, 1998, 9:00 a.m.] _______
1 The rules are identical in form and substance. For purposes of the discussion, we have only referred to the paragraph designations, which apply to all three rules.
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