THE COURTS
[234 PA. CODE CH. 5]
Order Approving the Revision of the Comment to Rule 560; No. 307 Criminal Procedural Rules; Doc. No. 2
[34 Pa.B. 2543] The Criminal Procedural Rules Committee has prepared a Final Report explaining the April 23, 2004 changes to Rule of Criminal Procedure 560 clarifying that the attorney for the Commonwealth may electronically prepare, sign, and transmit the information for filing. The Final Report follows the Court's Order.
Order Per Curiam:
Now, this 23d day of April, 2004, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3) in the interests of justice and efficient administration, 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 Rule of Criminal Procedure 560 is approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART E. Informations Rule 560. Information: Filing, Contents, Function.
* * * * *
Comment The attorney for the Commonwealth may electronically prepare, sign, and transmit the information for filing.
Before an information is filed, the attorney for the Commonwealth may withdraw one or more of the charges by filing a notice of withdrawal with the clerk of courts. See Rule 561(A). Upon the filing of an information, any charge not listed on the information will be deemed withdrawn by the attorney for the Commonwealth. See Rule 561(B). After the information is filed, court approval is required before a nolle prosequi may be entered on a charge listed therein. See Rule 585.
* * * * * Official Note: Rule 225 adopted February 15, 1974, effective immediately; Comment revised January 28, 1983, effective July 1, 1983; amended August 14, 1995, effective January 1, 1996; renumbered Rule 560 and amended March 1, 2000, effective April 1, 2001; Comment revised April 23, 2004, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the April 23, 2004 Comment revision published with the Court's Order at 34 Pa.B. 2543 (May 15, 2004).
FINAL REPORT1
Revision of the Comment to Pa.R.Crim.P. 560
Electronic Preparation, Signature, and Transmission for Filing of Informations On April 23, 2004, effective immediately, upon the recommendation of the Criminal Procedural Rules Committee, the Court approved the revision of the Comment to Rule 560 (Information: Filing, Contents, Function) to clarify that the attorney for the Commonwealth may electronically prepare, sign, and transmit the information for filing.
The Committee received an inquiry from the Common Pleas Case Management System (CPCMS)2 staff asking whether under present Rule 560 an information may be prepared, signed, and transmitted electronically. They informed us that they have developed a ''DA link'' through the Internet to the CPCMS that is capable of transferring an information to the clerk of courts for filing and docketing, and expressed concern that because Rule 560 does not specifically permit the attorney for the Commonwealth to electronically prepare, sign, and transmit an information to the clerk of courts this form of automation would not be permitted.
The Committee reviewed Rule 560, which provides the procedures for the attorney for the Commonwealth to prepare and file an information, as well as the recent rule changes permitting the electronic preparation and transmission of citations, and concluded there is no reason not to include a comparable provision in Rule 560. Furthermore, even with the technology in place, the absence of a provision specifically permitting this could result in confusion and inhibit some attorneys for the Commonwealth from using the CPCMS DA link. Therefore, a provision acknowledging that Rule 560 permits an attorney for the Commonwealth to complete the Rule 560 information procedures electronically is necessary and will be helpful to the attorneys for the Commonwealth, members of the bench and bar, and other participants in the judicial system such as the clerks of courts. Accordingly, the language ''The attorney for the Commonwealth may electronically prepare, sign, and transmit the information for filing'' has been added as a new first paragraph to the Rule 560 Comment.
[Pa.B. Doc. No. 04-842. Filed for public inspection May 14, 2004, 9:00 a.m.] _______
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 Supreme Court has been developing the CPCMS, a statewide automated case management system for the criminal divisions of the courts of common pleas, and the Court anticipates the new system will be functioning fully within the next year and will promote the Court's goal of statewide uniformity. As part of the development of the CPCMS, the Committee has been working with the system staff to ensure conformity and consistency with the Criminal Rules.
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