THE COURTS
LUZERNE COUNTY
Adoption of Rules of Criminal Procedure; No. 1868-99
[29 Pa.B. 6334] Now This 6th day of December, 1999, the Court hereby adopts Luzerne County Rules of Criminal Procedure Nos. 4, 107, 161, 303, 310, 316, 324, 1409 and 2002A to be effective thirty (30) days after the date of publication in the Pennsylvania Bulletin. The following Luzerne County Court Rules are hereby rescinded, effective thirty (30) days after the date of publication in the Pennsylvania Bulletin, 107, 130(c), 176, 288, 289, 290, 291, 293, 303, 317 and 323.
It is further ordered that the District Court Administrator shall file seven (7) certified copies of this Rule with the Administrative Office of Pennsylvania Courts, two (2) certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, one (1) certified copy to the Criminal Procedural Rules Committee, one (1) certified copy to the Judicial Council of Pennsylvania Statewide Rules Committee, and one (1) copy to the Luzerne Legal Register for publication in the next issue.
It is further ordered that these local rules shall be kept continuously available for public inspection and copying in the Clerk of Court's Office.
By the Court
JOSEPH M. AUGELLO,
President JudgeRule 4. Citing the Criminal Procedural Rules.
All criminal procedural rules adopted by the Court of Common Pleas of Luzerne County shall be known as the Luzerne County Rules of Criminal Procedure and shall be cited as ''Luz. Co. Crim. P.''
Rule 107. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth--Local Option.
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 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.
Rule 161. Procedures for Accelerated Rehabilitative Disposition in Summary Cases before the Minor Judiciary.
(a) Eligibility: All summary offenders may apply for admission to the program with the following exceptions:
i. Any offense which is excluded by statute.
ii. Any offense under Title 75 (Vehicles).
iii. Any offense charged by local ordinance.
iv. Any offense, which is the result of an original charge, classified as a misdemeanor or above, which is subsequently reduced.
v. Any offense which is joined with a court case which is held or waived for trial at a preliminary hearing.
vi. In order to be considered eligible, a defendant must specifically waive all statutes of limitations and speedy trial rights, and agrees to abide by all terms, conditions and monetary obligations imposed by the issuing authority.
(b) Program Costs: The administrative fee taxable under each application shall be $50 (fifty dollars), which shall be paid over to Luzerne County in addition to restitution, if any, both of which shall be payable no later than the day of admission to the program. The defendant shall further agree, as a condition of the ARD program, to pay the fees of any recommended treatment and/or community service program and/or approved alternative adjudication program.
(c) Application:
i. Application for summary ARD shall be made upon the same forms as used in the Court of Common Pleas in court cases.
ii. The issuing authority shall establish the duration and conditions of defendant's probation, and transmit two copies of the application, and note thereon the transmittal date to the District Attorney. If the District Attorney disapproves the application, he shall retain one copy and transmit one copy back to the issuing authority noting disapproval within 20 days of the transmittal of the application.
(d) Program Conditions: An offender admitted to ARD shall comply with the following:
i. Obey all federal, state and local penal laws, and all rules of probation; and,
ii. Complete an approved adjudication alternative program as directed by the issuing authority; and,
iii. Undergo a drug and alcohol evaluation, if required by the issuing authority, and complete any recommended treatment.
(e) Program Admission and Completion: Unless the district attorney has disapproved the application, an eligible offender may be admitted to ARD by the issuing authority thirty days after transmittal of the application to the District Attorney. Bail, security or other collateral shall terminate upon entry. Admission to ARD shall not affect any period of license suspension/revocation directed by statute. Upon satisfactory completion of the program, the charges against the defendant shall be dismissed. The record of arrest shall not be affected by the operation of this local rule, however upon successful completion of the program, the case record shall be sealed by the issuing authority.
(f) Program Monitoring: Representatives from an approved adjudication alternative program are hereby authorized to monitor and supervise a defendant's progress in the summary ARD program. Further such organizations shall inform the issuing authority of either the offender's successful completion, or the failure to complete, and in the latter case may testify as to the reasons therefor in program revocation proceedings.
(g) Revocation: Should a defendant fail to comply with any condition of the ARD program, he or she may be revoked from the program by order of the issuing authority at a revocation hearing where the defendant will be afforded an opportunity to be heard. The issuing authority may issue such process as is necessary to bring the defendant before the Court. Should the defendant fail to appear after receiving notice of a revocation hearing, the issuing authority may issue a warrant pursuant to Pa.R.Crim.P. 75. No appeal shall be allowed from a revocation order.
Upon disapproval of the application by the district attorney, or upon revocation of the defendant's summary ARD program, or if a defendant declines to accept the program the case shall thereafter be scheduled for trial pursuant to Chapter 50 of the Pennsylvania Rules of Criminal Procedure.
(h) Monthly Report: Issuing authority shall submit a monthly report on the final disposition of all cases in which a defendant has applied for entry into the ARD program to the District Attorney.
(i) Adjudication alternative programs shall be approved by the Court of Common Pleas.
Rule 303. Arraignment.
(a) Each Defendant in a criminal case shall be arraigned before a judge or before the court administrator or a deputy court administrator when such court administrator or deputy is designated and authorized by order of the president judge.
(1) Whenever arraignments are held before the court administrator or a deputy court administrator, and the defendant stands mute, the clerk is authorized and directed to enter a plea of not guilty for the defendant.
(2) Whenever arraignments are held before the court administrator or a deputy court administrator, and the defendant fails to appear, the court administrator, or deputy court administrator, shall report such fact in writing to the judge of the court, and the court may authorize that a bench warrant be issued for the apprehension and arrest of the defendant so that he or she may be brought before the court and that the bail be forfeited.
(3) Arraignment shall take place at the Luzerne County Courthouse, at the Luzerne County Prison, Luzerne County, Pennsylvania, or at such other places in the County of Luzerne as may from time to time be designated by a judge of the Court of Common Pleas and may be conducted by means of video conferencing.
(b) A defendant who is represented by counsel may waive formal arraignment in writing if the requirements of Pa.R.Crim.P. 303(c) are met.
Rule 310. Dispositions of Pretrial Motions.
Pretrial motions shall be decided in advance of trial by the trial judge on the day scheduled for trial or such other day selected by the trial judge unless:
(1) A party requests earlier determination by presenting a copy of the motion together with a comprehensive brief in support of the motion and a scheduling order to the court administrator when no trial judge has been assigned; or
(2) The president judge or the court administrator assigns the motion for determination.
(3) No brief is required for pretrial bail motions.
Rule 316. Assignment of Counsel.
Requests for the expenditure of public funds on behalf of a defendant who is without financial resources shall be presented by assigned counsel to the president judge for approval prior to the obligation being incurred. Notice to the district attorney is not required.
Rule 324. Motion for Return of Property.
(b) Except as provided in (c) motions for return of property shall be heard in criminal miscellaneous court.
(c) A motion for return of property joined with a motion to suppress evidence under Rule 323 shall be heard by the judge assigned to the Rule 323 motion.
Rule 1409. Probation, Intermediate Punishment or Parole.
(1) When a defendant is sentenced and the sentence is to be supervised by the Luzerne County Adult Probation and Parole Department, unless incarcerated, the defendant shall report immediately to the department for intake and supervision. The defendant shall be subject to rules, regulations and direction of the department immediately upon imposition of sentence. Defendants incarcerated only on weekends or other short periods each week shall be subject to supervision of the department during non-incarceration intervals.
(2) This rule does not govern parole or probation cases under the jurisdiction of the Pennsylvania Board of Probation and Parole.
Rule 2002A. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option.
The District Attorney of Luzerne County having filed a certification pursuant to Pa.R.Crim.P. 2002A, search warrants, in all circumstances, shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.
[Pa.B. Doc. No. 99-2127. Filed for public inspection December 17, 1999, 9:00 a.m.]
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