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PA Bulletin, Doc. No. 98-1485

THE COURTS

Title 234--RULES OF CRIMINAL PROCEDURE

PART I.  GENERAL

[234 PA. CODE CH. 300]

Order Approving the Revision of the Comment to Rule 305; No. 237; Doc. No. 2

[28 Pa.B. 4624]

   The Criminal Procedural Rules Committee has prepared a Final Report explaining the August 28, 1998 revision of the Comment to Rule of Criminal Procedure 305 (Pretrial Discovery and Inspection). The Final Report follows the Court's Order.

Order

Per Curiam:

   Now, this 28th day of August, 1998, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 28 Pa.B 276 (January 17, 1998), and in the Atlantic Reporter (Second Series Advance Sheets, Vol. 703), and a Final Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the revision of the Comment to Pa.R.Crim.P. 305 in the following form is approved.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective January 1, 1999.

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 August 28, 1998, effective January 1, 1999.

*      *      *      *      *

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:

*      *      *      *      *

   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 August 28, 1998, 1998 Comment revision concerning disclosure of remuneration published with the Court's Order at 28 Pa.B. 4625 (September 12, 1998).

Final Report1

Revision of Comment to Pa.R.Crim.P. 305 (Pretrial Discovery and Inspection)

Disclosure of Remuneration to Investigators or Prosecutors

   On August 28, 1998, upon the recommendation of the Criminal Procedural Rules Committee, the Supreme Court approved the revision of the second paragraph of the Comment to Rule of Criminal Procedure 305 (Pretrial Discovery and Inspection), effective January 1, 1999.

   In correspondence with the Committee, Senator David J. Brightbill 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 reviewing Senator Brightbill's suggestion and Rule 305, the Committee debated at length whether the rule should be amended. Some members thought the disclosure of remuneration should be mandatory, and that such a disclosure fell within the scope of paragraph (B)(1)(a). Other members thought that the disclosure should be discretionary with the court, and that it fell within the scope of paragraph (B)(2)(a)(iv). A third position was that disclosure of remuneration is not covered by either paragraph (B)(1)(a) or paragraph (B)(2)(a)(iv), and the rule should be amended to specifically include such disclosures. The final position advocated was that this type of disclosure should be mandatory on both the prosecution and defense.

   Ultimately, the majority of the members agreed that disclosure of remuneration should be discretionary with the court, that the scope of paragraph (B)(2)(a)(iv) is broad enough to encompass such disclosures, and, therefore, it was unnecessary to amend Rule 305. However, given Senator Brightbill's concerns, and the increase in the number of cases in which remuneration is being offered, the Committee concluded that 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). Accordingly, the Rule 305 Comment has been revised by the addition of the following paragraph:

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.
[Pa.B. Doc. No. 98-1485. Filed for public inspection September 11, 1998, 9:00 a.m.]

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1  The Committee's Final 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 Committee's explanatory Final Reports.


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