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PA Bulletin, Doc. No. 03-917

THE COURTS

Title 255--LOCAL
COURT RULES

BEAVER COUNTY

Local Rules of Criminal Procedure; No. 88 of 2003 Misc.

[33 Pa.B. 2374]

Order

   And Now, this 14th day of April, 2003, it is hereby Ordered and Directed that the following Local Rule of Criminal Procedure is hereby adopted and shall become effective thirty (30) days after publication in the Pennsylvania Bulletin and shall apply to all defendants charged with third degree misdemeanor criminal offenses and higher.

   It is hereby Ordered and Directed that the Clerk of Courts of Beaver County, in accordance with Pa.R.Crim.P. 105, shall file seven certified copies with the Administrative Office of Pennsylvania Courts; distribute two certified copies to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and file one certified copy with the Criminal Procedural Rules Committee.

   It is further Ordered that this Rule, along with all Local Rules of Criminal Procedure shall be kept available for public inspection and copying in the office of the Clerk of Courts of Beaver County. Upon request and payment of reasonable costs of reproduction and mailing, the Clerk of Courts shall furnish to any person a copy of any Local Rule.

By the Court

ROBERT E. KUNSELMAN,   
President Judge

Local Rule of Criminal Procedure No. 552

   (A.)  In all cases in which a defendant has been charged with an offense of a third degree misdemeanor or greater, the defendant shall be required to appear at the Beaver County Regional Booking Center (RBC) located in the Beaver County Jail, 6000 Woodlawn Boulevard, Aliquippa, PA, 15001, to be fingerprinted and photographed prior to the date of his or her preliminary hearing.

   (B.)   Pursuant to 18 Pa.C.S. 9112, an arresting authority shall be responsible for taking the fingerprints of persons arrested for misdemeanors, felonies or summary offenses which become misdemeanors on a second arrest after conviction of a summary offense. The Regional Booking Center shall serve as the designated fingerprinting site for all arresting authorities in Beaver County.

   (C.)(1)  In cases in which a defendant has been arraigned at the District Justice office and fails to post bond, the defendant shall be fingerprinted and photographed at the RBC subsequent to his or her commitment at the Beaver County Jail.

   (2)  In cases in which a defendant has been arrested during night, weekend or holiday hours, unless the charges proceed by summons, the defendant shall be taken directly to the RBC for a video arraignment and booking procedure before being committed to the Beaver County Jail or being released on bond.

   (3)  In cases which proceed by summons, the defendant shall receive an order at the time of his or her preliminary arraignment from the District Justice to report to the RBC prior to the date of the preliminary hearing to be fingerprinted and photographed. The requirement to appear at the RBC to be fingerprinted and photographed prior to the date of the preliminary hearing shall be made a condition of bond.

   (4)  In cases of private prosecutions, the defendant may only be fingerprinted and photographed after conviction of the alleged offense. An order shall issue from the Court of Common Pleas after such conviction directing the Defendant to report to the RBC to be fingerprinted and photographed.

   (D.)   A booking fee of fifty dollars ($50.00) shall be assessed and collected by the Beaver County Clerk of Courts after sentencing upon conviction of or plea to a misdemeanor or felony offense or acceptance into the Accelerated Rehabilitation Program. This fee will not apply to those Defendants whose cases are dismissed by the District Justice, withdrawn or nolle prossed by the Commonwealth or who enter a guilty plea to a summary offense at the time of the preliminary hearing.

[Pa.B. Doc. No. 03-917. Filed for public inspection May 16, 2003, 9:00 a.m.]


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