THE COURTS
[234 PA. CODE CH. 4]
Order Amending Rules 401, 405, 406, 411 and 460, and Revising the Comments to Rules 400, 403 and 410; No. 291 Criminal Procedural Rules; Doc. No. 2
[33 Pa.B. 969] The Criminal Procedural Rules Committee has prepared a Final Report explaining amendments to Rules of Criminal Procedure 401, 405, 406, 411, and 460, and revisions of the Comments to Rules 400, 403, and 410. These changes clarify and fill in gaps in the procedures in the rules for electronically transmitting parking violation information to institute proceedings in cases in which a defendant has failed to respond to a parking ticket, and provide the procedures for electronically preparing, verifying, and transmitting citation information generally. The Final Report follows the Court's Order.
Order Per Curiam:
Now, this 6th day of February, 2003, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 29 Pa.B. 2770 (May 28, 1999) and 32 Pa.B. 3891 (August 10, 2002), and in the Atlantic Reporter (Second Series Advance Sheets, Vols. 800/801), 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:
1) Rules of Criminal Procedure 401, 405, 406, 411, and 460 are amended; and
2) the Comments to Rules 400, 403, and 410 are revised,
all in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective July 1, 2003.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART A. Instituting Proceedings Rule 400. Means of Instituting Proceedings in Summary Cases.
* * * * *
Comment * * * * * For the procedures when a citation is issued to a defendant pursuant to paragraph (1) of this rule, see Chapter 4 Part B(1), Rules 405, 406, 407, 408, and 409.
Electronically transmitting the citation information or parking ticket information to the issuing authority would institute proceedings by filing pursuant to paragraph (2) of this rule.
* * * * * For general procedures applicable in all summary cases, see Chapter 4 Part E, Rules 451, 452, 453, 454, 455, 456, 457, and 458.
For the procedures for appealing to the court of common pleas for a trial de novo, see Chapter 4[,] Part F, Rules 460, 461, and 462.
* * * * * The Rules of Criminal Procedure generally do not apply to juvenile proceedings, but these rules do apply to proceedings in summary cases involving juveniles to the extent that the Juvenile Act does not apply to such proceedings. See, e.g., Juvenile Act §§ 6302--6303, 42 Pa.C.S. §§ 6302--6303; Vehicle Code § 6303, 75 Pa.C.S. § 6303. See also 42 Pa.C.S. §§ 1515(a)(1) and 6303(a)(5) concerning jurisdiction of summary offenses arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed.
* * * * * Official Note: Previous Rule 51[,] adopted January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; Comment revised December 15, 1983, effective January 1, 1984; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rules [103, 400, 401, 402, 405, 410, 420, 440, and 430] 3, 51, 52, 55, 60, 65, 70, 75, and 95. Present Rule 51 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; Comment revised January 31, 1991, effective July 1, 1991; Comment revised January 16, 1996, effective immediately; Comment revised June 6, 1997, effective immediately; renumbered Rule 400 and amended March 1, 2000, effective April 1, 2001; Comment revised February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 Comment revision concerning electronic transmission of citations published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
Rule 401. Means of Instituting Proceedings in Summary Cases Charging Parking Violations.
(A) Political subdivisions may use parking tickets to inform defendants of parking violations and to offer defendants an opportunity to avoid criminal proceedings by paying an amount specified on the ticket within the time specified on the ticket.
(1) When a political subdivision does use parking tickets and a ticket has been handed to a defendant or placed on a vehicle windshield, a criminal proceeding shall be instituted only if the defendant fails to respond as requested on the ticket.
(2) [In that event,] When a defendant fails to respond to a parking ticket, the criminal proceeding shall be instituted either
(a) by a law enforcement officer filing a citation with the proper issuing authority, or
(b) by having the parking violation information electronically transmitted to the proper issuing authority.
Upon [the filing of the citation,] receipt of the citation or the electronically transmitted information, the issuing authority shall proceed as provided in Rule 411, and the case shall proceed [in the same manner as other summary cases instituted by filing a citation,] in accordance with Rules 411--414.
(B) When a parking ticket has not been used, a criminal proceeding in a summary case charging a parking violation shall be instituted by a law enforcement officer issuing a citation either by handing it to a defendant or by placing it on a vehicle windshield.
(1) Upon the issuance of a citation, the case ordinarily shall [ordinarily] proceed in the same manner as other summary cases instituted by issuing a citation to the defendant, in accordance with Rules 405--409.
(2) If the defendant fails to respond to the citation, the issuing authority shall issue a summons and the case shall then proceed in accordance with Rules 411--414 as if the proceedings were instituted by filing a citation, unless the issuing authority has reasonable grounds to believe that the defendant will not obey a summons, in which case an arrest warrant shall be issued and the case shall proceed in accordance with Rule 431.
[(C) The filing of a citation charging a parking violation may be accomplished by electronic filing.]
Comment * * * * * If the defendant pays the amount specified on the parking ticket within the time specified on the ticket, the case will be concluded without the institution of a criminal proceeding. If the defendant makes no response within the suggested time, or if the defendant indicates a desire to plead not guilty, and the subdivision desires to proceed with the case, a law enforcement officer must determine the identity of the vehicle owner from the Department of Transportation and then institute a criminal proceeding by either filing a citation directly with the proper issuing authority, or having the parking violation information electronically transmitted under paragraph (A) of this rule.
Although this rule and Rule 411 do not require that a citation be prepared when the parking violation information is transmitted electronically, a municipality, of course, may continue to have its officers prepare citations as provided in paragraph (A)(2)(a), and also electronically transmit the parking violation information.
[Paragraph (C) was added in 1996 to specifically authorize that a citation charging a parking violation may be filed electronically.]
* * * * * Official Note: Rule 95 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended July 17, 1996, effective January 1, 1997; renumbered Rule 401 and amended March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 amendments clarifying the procedures for electronically transmitting parking violation information published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
PART B. Citation Procedures Rule 403. Contents of Citation.
* * * * *
Comment A law enforcement officer may prepare, verify, and transmit a citation electronically. The law enforcement officer contemporaneously must give the defendant a paper copy of the citation containing all the information required by this rule. Nothing in this rule is intended to require the defendant to sign the citation.
Paragraph (A)(3) requires the law enforcement officer who issues a citation to indicate on the citation if the defendant is a juvenile and, if so, whether the juvenile's parents were notified. See the Judicial Code, 42 Pa.C.S. § 1522, concerning parental notification in certain summary cases involving juveniles.
* * * * * Paragraph (B)(6) was amended in 2000 to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of aguilty plea. See Rule [86] 460 (Notice of [Appeals] Appeal).
* * * * * With regard to the ''proper'' issuing authority as used in these rules, see Rule 130.
See Rule 401 for procedures for instituting cases in which there is a parking violation. When the parking violation information is electronically transmitted as permitted by Rule 401(A), only a summons is issued as provided in Rule 411.
Official Note: Previous rule, originally numbered Rule 133(a) and Rule 133(b), adopted January 31, 1970, effective May 1, 1970; renumbered Rule 53(a) and 53(b) September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present Rule 53 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended February 1, 1989, effective as to cases instituted on or after July 1, 1989; amended January 31, 1991, effective July 1, 1991; amended June 3, 1993, effective as to new citations printed on or after July 1, 1994; amended July 25, 1994, effective January 1, 1995; renumbered Rule 403 and Comment revised March 1, 2000, effective April 1, 2001; amended March 3, 2000, effective July 1, 2000; Comment revised February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 Comment revisions cross-referencing Rule 401 concerning electronic transmission of parking citations published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
PART B(1). Procedures When Citation Is Issued to Defendant Rule 405. Issuance of Citation.
When a criminal proceeding in a summary case is instituted by issuing a citation to the defendant[,]:
(1) the law enforcement officer who issues the citation shall exhibit [some] an official sign of the officer's authority; and
(2) the law enforcement officer contemporaneously shall give the defendant a paper copy of the citation containing all the information required by Rule 403.
Comment A law enforcement officer may prepare, verify, and transmit a citation electronically.
A law enforcement officer may issue a citation based upon information that the defendant has committed a summary violation, which information may be received from a personal observation of the commission of the offense; a witness; another police officer; investigation; or speed-timing equipment, including radar. Contrast Commonwealth v. Hatfield, 453 A.2d 671 (Pa. Super. 1982), decided before the adoption of previous Rule 70 (Defects in Form, Content, or Procedure--Summary Cases) and the 1983 revision of the previous Comment.
* * * * * Official Note: Previous rule, originally numbered Rule 135, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 55 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule [408] 58. Present Rule 55 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; Comment revised February 11, 1989, effective July 1, 1989; Comment revised January 16, 1996, effective immediately; renumbered Rule 405 and Comment revised March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 amendments concerning issuance of citations published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
Rule 406. Procedure Following Issuance of Citation.
Within 5 days after a citation is issued to the defendant, the [original] citation shall be filed with the proper issuing authority.
Comment To satisfy the requirements of this rule, the law enforcement officer may prepare, verify, and transmit the citation information electronically.
These rules are not intended to require the law enforcement officer who issued the citation to personally file the [original] citation.
It is intended that the [original] citation be filed as soon as is practical so the issuing authority may process the case. However, failure to comply with the [five] 5- day limit is not intended to be grounds for dismissal, unless the defendant is prejudiced by the delay. See Rule 109.
* * * * * Official Note: Previous rule, originally numbered Rule 137, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 56 and paragraph (d) amended September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rule [409] 59. Present Rule 56 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; renumbered Rule 406 and amended March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 changes concerning the electronic preparation, verification, and transmission of citations published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
PART B(2). Procedures When Citation Filed Rule 410. Filing of Citation.
* * * * *
Comment Filing as used in this rule includes electronically transmitting the citation or parking ticket information.
A law enforcement officer should file a citation with the issuing authority when, due to the circumstances of the case, the law enforcement officer is unable to issue the citation directly to the defendant at the time of the offense. Examples of situations when the law enforcement officer would be unable to issue a citation include, but are not limited to, when the officer receives information that the defendant has committed a summary violation from a witness but the defendant is not then present; when a witness is not present at the scene and the officer wants to question the witness before completing the investigation; or when the officer is summoned to another case that requires prompt action. See Section 902 of the Game and Wildlife Code, 34 Pa.C.S. § 902, which provides, inter alia, that ''Deputy Wildlife Conservation Officers shall not be authorized to issue citations . . . and shall provide the information to the Wildlife Conservation Officer.'' Under this statute, it would not be feasible for the Deputy Wildlife Conservation Officer to issue the citation, and, therefore, pursuant to this rule, the citation would be filed.
* * * * * When evidence is discovered after the issuance of a citation that gives rise to additional charges against the defendant resulting from the same incident, the [police] law enforcement officer must file with the issuing authority an additional citation alleging such additional summary offenses, or a complaint when the additional charges include a misdemeanor or felony. For proceedings on such charges when a complaint is filed, see Chapter 5 of these rules.
* * * * * Official Note: Previous rule, originally adopted as Rule 116 June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; readopted January 31, 1970, effective May 1, 1970[,] ; renumbered as Rule 60 and amended to apply only to summary cases September 18, 1973, effective January 1, 1974; amended April 26, 1979, effective July 1, 1979; amended January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule [431] 76. Present Rule 60 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; Comment revised August 13, 1999, effective immediately; renumbered Rule 410 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 Comment revision concerning filing published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
Rule 411. Procedures Following Filing of Citation--Issuance of Summons.
(A) Upon the filing of the citation, including receipt of electronically transmitted citation or parking violation information, the issuing authority shall issue a summons commanding the defendant to respond within 10 days of receipt of the summons, unless the issuing authority has reasonable grounds to believe that the defendant will not obey a summons in which case an arrest warrant shall be issued. The summons shall be served as provided in these rules.
(B) [Except] A copy of the citation shall be served with the summons, except in cases charging parking violations when the [citation] parking violation information is electronically filed[, a copy of the citation shall be served with the summons].
(C) In cases charging parking violations [when] in which the [citation] parking violation information is electronically filed, the summons also shall [also] include:
* * * * *
Comment * * * * * This rule [was amended in 1996 to] facilitates the electronic [filing] transmission of [citations charging] parking [violations] violation information by (1) eliminating the requirement that a copy of the citation be served with the summons in cases in which the parking violation information is electronically filed pursuant to Rule 401(A), and (2) requiring additional information be added to the summons. See Rule 401 (Proceedings in Summary Cases Charging Parking Violations). However, nothing in this rule or Rule 401 is intended to preclude a municipality from continuing to have its officers prepare a citation in addition to electronically transmitting the parking violation information.
Official Note: Previous Rule 117, adopted June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; revised January 31, 1970, effective May 1, 1970; renumbered and amended to apply only to summary cases September 18, 1973, effective January 1, 1974; amended April 26, 1979, effective July 1, 1979; amended January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule [431] 76. Present Rule 61 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended July 17, 1996, effective January 1, 1997; renumbered Rule 411 and Comment revised March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * Final Report explaining the February 6, 2003 amendments concerning electronic transmission of citation and parking violation information published with the Court's Order at 33 Pa.B. 973 (February 22, 2003).
PART F. Procedures in Summary Cases under the Vehicle Code Rule 460. Notice of Appeal.
* * * * * (D) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:
* * * * * (2) the original complaint or citation, if any;
* * * * *
Comment * * * * * This rule applies to appeals in all summary proceedings, including appeals from prosecutions for violations of municipal ordinances [which] that provide for the possibility of imprisonment, and default hearings.
* * * * * Paragraph (D) was amended in 2003 to align this rule with Rule 401(A), which permits the electronic transmission of parking violation information in lieu of filing a citation. Therefore, in electronically transmitted parking violation cases only, because there is no original citation, the issuing authority would file the summons with the clerk of courts pursuant to paragraph (D)(3).
Rule 462(D) provides for the dismissal of an appeal when the defendant fails to appear for the trial de novo.
* * * * * Official Note: Former Rule 86 adopted July 12, 1985, effective January 1, 1986; revised September 23, 1985, effective January 1, 1986; the January 1, 1986 effective dates extended to July 1, 1986; amended February 2, 1989, effective March 1, 1989; amended March 22, 1993, effective January 1, 1994; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; amended February 27, 1995, effective July 1, 1995; amended October 1, 1997, effective October 1, 1998; amended May 14, 1999, effective July 1, 1999; amended March 3, 2000, effective July 1, 2000; rescinded March 1, 2000, effective April 1, 2001, and paragraphs (A), (D), (E), (F), (H), and (I) replaced by Rule 460. New Rule 460 adopted March 1, 2000, effective April 1, 2001; amended February 6, 2003, effective July 1, 2003.
Committee Explanatory Reports:
* * * * * New Rule 460:
* * * * * Final Report explaining the February 6, 2003 changes concerning electronically transmitted parking citations published at 33 Pa.B. 973 (February 22, 2003).
FINAL REPORT1
Amendments to Pa.Rs.Crim.P. 401, 405, 406, 411, and 460; Revision of the Comments to Pa.Rs.Crim.P. 400, 403, and 410
ELECTRONIC PREPARATION, VERIFICATION, AND TRANSMISSION OF PARKING VIOLATION INFORMATION AND CITATION INFORMATION GENERALLY On February 6, 2003, effective July 1, 2003, upon the recommendation of the Criminal Procedural Rules Committee, the Court amended Rules of Criminal Procedure 401 (Proceedings In Summary Cases Charging Parking Violations), 405 (Issuance of Citation), 406 (Procedure Following Issuance of Citation), 411 (Procedures Following Filing of Citation--Issuance of Summons), and 460 (Notice of Appeal), and revised the Comments to Rules 400 (Means of Instituting Proceedings in Summary Cases), 403 (Contents of Citation), and 410 (Filing of Citation). These changes 1) clarify and fill in gaps in the procedures in the rules for electronically transmitting parking violation information to institute proceedings in cases in which a defendant has failed to respond to a parking ticket, and 2) provide the procedures for electronically preparing, verifying, and transmitting citation information generally.
I. BACKGROUND
a. Phase I
The Committee in 1998 and 1999 received several inquiries concerning the interplay between the electronic filing provisions of Rule 401 and the summons procedures in Rule 411, the citations procedures in Rule 403, and the appeals procedures in Rule 460. The inquiries questioned: 1) when a parking citation is filed electronically, does there have to be a paper copy of the citation; and 2) when the parking ticket information has been filed electronically, what documentation must be transmitted from the issuing authority to the clerk of courts when an appeal is filed.2
The Committee reviewed the summary case rules (Chapter 4) and the history of the electronic filing provisions. In 1996, when the Court adopted the initial changes concerning electronic filing of citations charging parking violations, this was considered a first step toward integrating advanced communication technology3 into the Criminal Rules.4 Rule 401 was changed to provide in those limited cases in which a defendant fails to respond to a parking ticket, that the political subdivision may institute a criminal proceeding by filing a citation with the proper issuing authority, see paragraph (A), and the filing of such a citation may be accomplished by electronic filing, see paragraph (C) (emphasis added). In addition, in cases charging a parking violation when the citation is filed electronically, Rule 411 provides that the information that ordinarily appears on the citation be included in the summons. Although the concepts of electronic filing and advanced communication technology were novel to the rules, these 1996 changes have had little substantive impact on defendants--a parking violation is never filed unless the defendant fails to respond to a parking ticket, and the summons a defendant receives in these cases provides the defendant with all the relevant information concerning the parking violation charged.
After reviewing the history of the 1996 rule changes permitting electronic filing and the rule provisions themselves, and based on the members' experience with electronic filings, the Committee agreed some additional rule changes were necessary to address the questions brought to our attention, but these changes only were needed to clarify the earlier amendments providing for the utilization of electronic filing for parking violation information. Accordingly, the Committee in 1999 published a proposal intended to clarify the procedures for electronically filing parking violation information in cases in which a defendant has failed to respond to a parking ticket. See 29 Pa.B. 2770 (May 29, 1999).
b. Phase II
Following the Committee's publication of the 1999 proposal, we received communications from the Administrative Offices of Pennsylvania Courts' Information Technology Staff, representatives of the Pennsylvania State Police and the Justice Network (JNET), and representatives of Philadelphia Traffic Court concerning the development of electronic data management systems that would permit the electronic issuance of citations and the electronic transmission of citation information generally. The Committee agreed that implementation of the proposed electronic data management systems described by these various organizations should be pursued as long as the procedural requirements in the Criminal Rules are satisfied.5 However, during the Committee's consideration of the use of electronic data managing systems in general, the members expressed concern that the 1999 proposal clarifying the procedures for the electronic filing of parking violation information could be misconstrued as limiting electronic filing to only transmission of parking violation information if the general citation rules are not similarly amended to include specific provisions for the electronic transmission of citation information.
In view of the points raised in these communications, the Committee's review of the rules as they relate to the new technologies, the Court's goals of statewide uniformity, and the potential for unintended consequences that could result from not including specific provisions for the electronic transmission of citation information, the Committee published a Supplemental Report proposing changes to the Criminal Rules that supplement the 1999 proposal for the electronic filing of parking violation information by including the procedures for the electronic preparation of the citation and the electronic transmission of citation information generally. See 32 Pa.B. 3891 (August 10, 2002).6
II. DISCUSSION OF RULE CHANGES
a. Rule 400 (Means of Instituting Proceedings in Summary Cases)
Rule 400 provides the means of instituting proceedings in summary cases. The term ''filing'' in paragraph (2) is intended to be broad and include both traditional filing methods and electronic transmission of citation and parking violation information. Accordingly, the Rule 400 Comment has been revised by explaining in a new third paragraph that filing may be accomplished by electronically transmitting the citation information or parking ticket information to the issuing authority.
b. Rule 401 (Proceedings in Summary Cases Charging Parking Violations)
Rule 401 has been amended to more clearly incorporate advanced communication technology principles by removing the ''citation'' concept from the electronic transmission provisions within the context of parking tickets.7 Paragraph (A) has been divided into subparagraphs,8 and paragraph (C) and its corresponding paragraph in the Comment have been deleted. Paragraph (A)(2) covers the cases in which a defendant fails to respond to a parking ticket, and distinctly provides for the two methods of providing the issuing authority with the necessary information to issue a summons under Rule 411: 1) filing the citation by traditional methods directly with the issuing authority; or 2) filing the parking violation information by electronic transmission to the issuing authority. This change makes it clear what is transmitted electronically is the information, not a citation. The Comment has been revised to clarify that the new language does not preclude the traditional practice of preparing citations.
c. Rule 403 (Contents of Citation)
Rule 403 provides the requirements for the contents of the citation. To tie this rule into the concept of using electronic means for the preparation, verification, and transmission of citation information generally, the Rule 403 Comment has been revised to: 1) make it clear that the preparation, verification, and transmission of the citation information can be accomplished electronically by the law enforcement officer9 and that the defendant must be given a paper copy of the citation; 2) explain that nothing in the rule is intended to require the defendant sign the citation;10 and 3) include a cross-reference to Rule 401 concerning the procedures for instituting cases in which there is a parking violation.
d. Rule 405 (Issuance of Citation)
Rule 405 provides the procedures for instituting a summary case proceeding by issuing a citation to the defendant. The rule has been amended to make it clear that the law enforcement officer who issues the citation must exhibit an official sign of his or her authority (see new paragraph (1)), and to add the requirement that the law enforcement officer at the time of issuance of the citation give the defendant a paper copy of the citation (see new paragraph (2)). Although the law enforcement officer may electronically prepare and transmit the citation to the issuing authority, the law enforcement officer must ensure the defendant receives a paper copy of the citation to ensure proper and timely notice of the charges and of the defendant's rights and obligations.
e. Rule 406 (Procedure Following Issuance of Citation)
Rule 406 has been amended by changing the term ''original'' to ''citation'' to accommodate the other proposed changes allowing the filing of the citation by electronically transmitting the citation information to the issuing authority.
f. Rule 410 (Filing of Citation)
Rule 410 provides the procedures when a summary case is instituted by the filing of a citation. The Comment has been revised by including as a new first paragraph the language, ''Filing as used in this rule includes electronically transmitting the citation information or parking ticket information.''
g. Rule 411 (Procedures Following Filing of Citation--Issuance of Summons)
Conforming changes have been made to Rule 411 by distinguishing between cases when parking violation information is transmitted electronically and all other summary cases. These changes make it clear 1) when the parking violation information is transmitted electronically, a citation in these limited cases is not required, and 2) the rule requires the issuing authority to issue a summons when a citation is filed or parking information is filed electronically. A correlative revision has been made to the Comment emphasizing there is no citationrequirement in those cases in which parking violation information is filed electronically.
h. Rule 460 (Notice of Appeal)
Rule 460 (Notice of Appeal) has been amended by adding the language ''if any'' after ''citation'' at the end of paragraph (D)(2) to accommodate cases in which the parking violation information has been filed by electronic transmission and there is no citation, and the Comment has been revised further explaining this paragraph.
______
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.
2 The initial inquiries to the Committee also raised the question whether there must be a verification of the information electronically filed. After fully discussing the merits of this type of verification requirement, the Committee agreed that it is unnecessary.
3 See Rule 103 for the definition of advanced communication technology.
4 The changes also were intended to (1) provide a cost-effective and efficient means for municipalities and issuing authorities to transmit documents, and (2) reduce the amount of paperwork that flows between the respective offices. See Committee Final Report at 26 Pa.B. 3629 (August 3, 1996).
5 The Committee strongly believes the use of technology should be encouraged when feasible because this promotes the Court's goals of statewide uniformity in the practice of law, and the use of technology has been shown to result in a more efficient use of the court's limited resources.
6 The changes in the 2002 proposal largely incorporated the changes in the 1999 proposal, but in some places language was modified or was deleted as no longer necessary.
7 The questions that were addressed to the Committee focused on the use of advanced communication technology in transmitting the parking violation information to the issuing authority, including whether a paper copy of the parking violation information electronically transmitted should be maintained. When filing is accomplished by electronic transmission, only the transmission of the parking violation information is required because 1) a parking ticket already will have been issued to a defendant, 2) a summons setting forth all the relevant information about the parking violation will be issued to institute the criminal proceeding in cases in which the defendant has failed to respond to the parking ticket, and 3) requiring a citation is redundant and inefficient. Furthermore, when the initial electronic filing provisions had been developed in 1995, there was little practical experience with advanced communication technology in the context of criminal proceedings, and the amendments to former Rules 61 and 95 (renumbered Rules 411 and 401 respectively), therefore, merely applied the existing concept of filing a parking citation to the electronic filing provisions.
8 Paragraph (B) also is divided into subparagraphs to more clearly set forth the procedures covered by this paragraph.
9 This conforming change has also been added to the Comments to Rules 405 and 406.
10 Traditionally, although the rules have never required the defendant sign the citation, law enforcement officers have had the defendant sign the citation to acknowledge receipt, and a signature line has been on the citation form.
[Pa.B. Doc. No. 03-312. Filed for public inspection February 21, 2003, 9:00 a.m.]
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