THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
[234 PA. CODE CHS. 20 AND 300]
Advanced Communication Technology; Publicity and Broadcasting of Court Proceedings
[29 Pa.B. 4425]
Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rules of Criminal Procedure 27 (Publicity and Recording of Proceedings) and 328 (Photography and Broadcasting in the Courtroom and its Environs). These changes update the rules and clarify that the prohibitions in the rules are not intended to apply to the use of advanced communication technology for court proceedings such as preliminary arraignments and arraignments. 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 dos not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed rule changes 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 Wednesday, September 22, 1999.
By the Criminal Procedural Rules Committee
J. MICHAEL EAKIN,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
CHAPTER 20. ISSUING AUTHORITIES: VENUE, LOCATIONS, AND RECORDING OF PROCEEDINGS Rule 27. Publicity and Recording of Proceedings.
[(a)] (A) During a hearing or summary trial, the issuing authority shall prohibit:
(1) [prohibit] the taking of photographs, [and] motion pictures of, or the video recording of the proceedings or in the hearing room during the proceedings; [and]
(2) the transmission of communications by [telegraph,] telephone, radio, [or] television, or advanced communication technology, in or from the hearing room, except as provided in these rules; and
[(2)] (3) [prohibit] the mechanical or electronic recording of the proceedings by anyone for any purpose, [provided that] except as provided in paragraph (B).
(B) [the] The issuing authority, the attorney for the Commonwealth, or the defendant [,] may cause [such] a mechanical or electronic recording to be made as an aid to the preparation of the written record for subsequent use in a case, but such recordings shall not be publicly played or disseminated in any manner unless in a court during a trial or hearing.
[(b)] (C) If it appears to the court that a violation of paragraph [(a)] (A) or (B) has resulted in substantial prejudice to the defendant, the court, upon application by the attorney for the Commonwealth or the defendant, may:
(1) quash the proceedings at the preliminary hearing and order another preliminary hearing to be held before the same issuing authority at a subsequent time without additional costs being taxed therefor;
(2) discharge the defendant on nominal bail if in custody, or continue his bail if at liberty, pending further proceedings;
(3) order all costs of the issuing authority forfeited in the original proceedings; and
(4) adopt any, all, or combination of the remedies herein established as the nature of the case shall require in the interests of justice.
Official Note: Formerly Rule 143 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 27 September 18, 1973, effective January 1, 1974; amended February 15, 1974, effective immediately; Comment revised March 22, 1989, effective July 1, 1989; amended June 19, 1996, effective July 1, 1996; amended , effective .
Comment ''Recording'' as used in this rule is not intended to preclude the use of recording devices for the preservation of testimony as permitted by Rules 9015 and 9015A.
The prohibitions under paragraph (A) are not intended to preclude the use of advanced communication technology for purposes of court proceedings such as preliminary arraignments and arraignments. See Rule 3 for the definition of advanced communication technology.
Committee Explanatory Reports:
Final Report explaining the June 19, 1996 amendments published with the Court's Order at 26 Pa.B. 3128 (July 6, 1996).
Report explaining the proposed amendments concerning using advanced communication technology for court proceedings published at 29 Pa.B. 4426 (August 21, 1999).
CHAPTER 300. PRETRIAL PROCEEDINGS Rule 328. Photography, video recording, advanced communication technology, and broadcasting in the courtroom and its environs.
(A) The taking of photographs, video recording, or use of advanced communication technology in the courtroom or its environs, or radio or television broadcasting from the courtroom or its environs during the progress of or in connection with any judicial proceedings, whether or not the court is actually in session, is prohibited. The environs of the courtroom is defined as the area immediately surrounding the entrances and exits to the courtroom.
(B) This rule is not intended to prohibit the taking of photographs, video recording, or using advanced communication technology for, or radio or television broadcasting of proceedings such as naturalization ceremonies or the swearing in of public officials which may be conducted in the courtroom.
Official Note: Adopted January 25, 1971, effective February 1, 1971; amended 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 March 22, 1989, effective July 1, 1989; revised , effective .
Comment This rule governs the publicizing and broadcasting of court proceedings. The prohibitions under this rule are not intended to preclude the use of advanced communication technology for purposes of court proceedings such as preliminary arraignments and arraignments. See Rule 3 for the definition of advanced communication technology.
See also Rule 27 for provisions concerning publicity of preliminary hearings and summary trials.
This rule is not intended to preclude the use of recording devices for the preservation of testimony as permitted by Rules 9015 and 9015A.
Committee Explanatory Reports:
Report explaining the proposed amendments concerning using advanced communication technology for court proceedings published at 29 Pa.B. 4426 (August 21, 1999).
REPORT
Proposed Amendments to Pa.Rs.Crim.P. 27 and 328
Advanced Communication Technology: Publicity and Broadcasting of Court Proceedings The Committee has undertaken an ongoing review of the Criminal Rules concerning the use of advanced communication technology (ACT) procedures in criminal proceedings. As part of that review, the Committee considered that Rules 27 (Publicity and Recording of Proceedings) and 328 (Photography and Broadcasting in the Courtroom and its Environs) should be updated to encompass the advances in technological means of publicizing and broadcasting proceedings, and to delete the provision in Rule 27 referring to ''telegraph'' as being obsolete.
The Committee also agreed that the rules would have to be amended to make it clear that the prohibitions in the rules on recording are not intended to apply to the court's use of ACT to facilitate proceedings such as preliminary arraignments and arraignments, and that both rules should be expanded to include more contemporary means of recording and transmitting to accommodate ACT.1 Accordingly, the Committee agreed to the following changes to Rules 27 and 328:
1. Rule 27:
a. Paragraph (A) would be amended by separating it into two paragraphs. New paragraph (A) would include only the prohibitions under the rule. New paragraph (B) would set forth who could make an electronic or mechanical recording, and for what purpose.
b. Present paragraph (A)(1) would be broken down into two paragraphs. New paragraph (A)(1) would retain the prohibitions against taking photographs and motion pictures, and a prohibition against the video recording of proceedings would be included. New paragraph (A)(2) would delete the reference to ''telegraph,'' and add a prohibition against the transmission of communications by using ACT.
c. The language in present paragraph (A)(2), prohibiting ''the mechanical recording of the proceedings by anyone for any purpose,'' would become new paragraph (A)(3), and a prohibition against electronic recording would be added. In addition, to make it clear that the rule applies to the recording of proceedings for publicity purposes, and not to judicial uses, the language ''except as provided in paragraph (B)'' would be inserted at the end of the paragraph.
d. The second part of present paragraph (A)(2) would become paragraph (B), and would make it clear that the issuing authority, the attorney for the Commonwealth, or the defendant can make a mechanical or electronic recording as an aid to the preparation of the written record for subsequent use in a case, and would retain the proscription against publicly playing or disseminating the recording.
e. A new paragraph would be added to the Comment to make it clear that the paragraph (A) prohibitions are not intended to preclude the use of ACT for the purposes of court proceedings. The Comment also would include a cross-reference to Rule 3 for the definition of ''advanced communication technology.''
2. Rule 328:
a. Rule 328 would be amended to include the terms ''video recording'' and ''advanced communication technology'' in the title, and paragraphs (A) and (B) to make it clear that in addition to taking photographs, or radio or television broadcasting, the provisions of the rule are intended to apply to video recording and using ACT.
b. The Comment would be amended to make it clear that the rule applies to the publicizing and broadcasting of court proceedings, and that the prohibitions under the rule are not intended to preclude the use of ACT for purposes of court proceedings. The Comment also would include a cross-reference to Rule 3 for the definition of ''advanced communication technology.''
[Pa.B. Doc. No. 99-1356. Filed for public inspection August 20, 1999, 9:00 a.m.] _______
1 The Court has pending proposed rule changes that would provide the procedures for conducting preliminary arraignments and arraignments using ACT. See 28 Pa.B. 3934 (August 15, 1998) for the Committee's explanatory Report.
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