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PA Bulletin, Doc. No. 98-79

THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL
[234 PA. CODE CH. 305]

Proposed Amendment to Comment to Rule 305 Pretrial Discovery and Inspection

[28 Pa.B. 276]

Introduction

   The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania approve the revision of the Comment to Rule of Criminal Procedure 305. This Comment revision clarifies that the court may order the attorney for the Commonwealth to disclose any information concerning remuneration, or the promise of remuneration, for information about the case. 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 Comment revision 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 Procedural Rules Committee, P. O. Box 1325, Doylestown, PA 18901 no later than Monday, February 16, 1998.

By the Criminal Procedural Rules Committee

FRANCIS BARRY MCCARTHY,   
Chair

Annex A

TITLE 234.  RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

CHAPTER 300.  PRETRIAL PROCEEDINGS

Rule 305.  Pretrial discovery and inspection.

*      *      *      *      *

   Official Note:  Present Rule 305 replaces former Rules 310 and 312 in their entirety. Former Rules 310 and 312 adopted June 30, 1964, effective January 1, 1965. Former Rule 312 suspended June 29, 1973, effective immediately. Present Rule 305 adopted June 29, 1977 and November 22, 1977, effective as to cases in which the indictment or information is filed on or after January 1, 1978; Comment revised April 24, 1981, effective June 1, 1981; amended October 22, 1981, effective January 1, 1982; amended September 3, 1993, effective January 1, 1994; amended May 13, 1996, effective July 1, 1996; Comment revised July 28, 1997, effective immediately; Comment revised ______ , effective ______ .

Comment

   This rule is intended to apply only to court cases. However, the constitutional guarantees mandated in Brady v. Maryland, 373 U. S. 83 (1963), and the refinements of the Brady standards embodied in subsequent judicial decisions, apply to all cases, including court cases and summary cases, and nothing to the contrary is intended. For definitions of ''court case'' and ''summary case,'' see Rule 3.

   Included within the scope of paragraph (B)(2)(a)(iv) is any information concerning any prosecutor, investigator, or police officer involved in the case who has received either valuable consideration or an oral or written promise or contract for valuable consideration for information concerning the case, or for the production of any work describing the case, or for the right to depict the character of the prosecutor or investigator in connection with his or her involvement in the case.

*      *      *      *      *

   Committee Explanatory Reports: Report explaining the September 3, 1993 amendments published at 21 Pa.B. 3681 (August 17, 1991).

   Final Report explaining the May 13, 1996 amendments published with the Court's Order at 26 Pa.B. 2488 (June 1, 1996).

   Final Report explaining the July 28, 1997 Comment revision deleting the references to the ABA Standards published with the Court's Order at 27 Pa.B. 3997 (August 9, 1997).

   Final Report explaining the          , 1998 Comment revision concerning disclosure of remuneration published with the Court's Order at 28 Pa.B. 276 (January 17, 1998).

REPORT
Proposed Revision of the Comment to Pa.R.Crim.P. 305

DISCLOSURE OF REMUNERATION TO INVESTIGATORS OR PROSECUTORS

   The Committee is proposing the revision of the Comment to Rule 305 (Pretrial Discovery and Inspection) to make it clear that included within the scope of paragraph (B)(2)(a)(iv) is any information concerning any prosecutor, investigator, or police officer involved in the case who has received either valuable consideration or an oral or written promise or contract for valuable consideration for information concerning the case, or for the production of any work describing the case, or for the right to depict the character of the prosecutor or investigator in connection with his or her involvement in the case.

   The Committee undertook a review of the provisions of Rule 305 as they would apply to the issue of disclosure of remuneration to prosecutors, investigators, or police officers after receiving correspondence from Senator David J. Brightbill, in which he suggested that Rule 305 should be amended to require ''disclosure of information relative to 1) the receipt of anything of value or 2) any oral or written promise or contract for the receipt of anything of value for either (a) information regarding the criminal offense or (b) that individual's character depiction in connection with his or her involvement as an investigator with that criminal offense.'' Senator Brightbill explained that he thought this information should be given to the defendant prior to trial so the defendant ''will have the opportunity for thorough cross-examination. . . . [and to] provide the necessary information to begin to serve the needs of the criminal justice system.''

   After a thorough review, the Committee agreed that Rule 305 currently provides for the disclosure Senator Brightbill was requesting. Specifically, paragraph (B)(2)(a)(iv) authorizes the court to order the Commonwealth to allow the defendant's attorney to inspect and copy or photograph any of the following requested items, upon a showing that they are material to the preparation of the defense, and that the request is reasonable:

   (iv)  any other evidence specifically identified by the defendant, provided the defendant can additionally establish that its disclosure would be in the interest of justice.

   However, the members agreed that, given the increase in the number of cases in which remuneration is being offered, it would be helpful to the bench and bar if the Rule 305 Comment explained that disclosure of remuneration falls within the scope of paragraph (B)(2)(a)(iv).

[Pa.B. Doc. No. 98-79. Filed for public inspection January 16, 1998, 9:00 a.m.]


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