THE COURTS
Title 234--RULES
OF CRIMINAL PROCEDURE
[234 PA. CODE CHS. 1, 2, 4 AND 5]
Order Approving the Revision of the Comments to Rules 100, 200, 400, 430, 431, 455, 456, 520, and 565; No. 317 Criminal Procedural Rules; Doc. No. 2
[35 Pa.B. 2210] The Criminal Procedural Rules Committee has prepared a Final Report explaining the April 1, 2005 revisions to the Comments to Rules of Criminal Procedure 100, 200, 400, 430, 431, 455, 456, 520, and 565. These changes conform the Criminal Rules with the Rules of Juvenile Court Procedure and clarify the interplay between the two sets of rules. The Final Report follows the Court's Order.
Order Per Curiam:
Now, this 1st day of April, 2005, 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 Comments to Rules of Criminal Procedure 100, 200, 400, 430, 431, 455, 456, 520, and 565 are approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective October 1, 2005.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
Rule 100. Scope of Rules.
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Comment * * * * * These rules apply to proceedings involving juveniles only to the extent that the Juvenile Act does not vest jurisdiction in the Juvenile Court, and as provided in the Rules of Juvenile Court Procedure. See, e.g., Juvenile Act [§§ 6302--6303, 6355], 42 Pa.C.S. §§ 6302--6303, 6355 [(1982)]; Vehicle Code, 75 Pa.C.S. § 6303 [(1977)], and Rules of Juvenile Court Procedure 105 (Search Warrants), 395 (Procedure to Initiate Criminal Information), and 396 (Bail).
Official Note: Prior rule suspended effective May 1, 1970. Present Rule 1 adopted January 31, 1970, effective May 1, 1970; amended April 26, 1972, effective immediately; amended June 28, 1974, effective July 1, 1974; amended January 28, 1983, effective July 1, 1983; Comment revised July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; renumbered Rule 100 and amended March 1, 2000, effective April 1, 2001; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
Final Report explaining the April 1, 2005 Comment revision concerning Rules of Juvenile Court Procedure published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
CHAPTER 2. INVESTIGATIONS
PART A. Search Warrant Rule 200. Who May Issue.
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Comment This rule formally authorizes [district justices] magisterial district judges, Philadelphia bail commissioners, and judges of the Municipal, Common Pleas, Commonwealth, Superior, and Supreme Courts to issue search warrants. This is not a departure from existing practice. See, e.g., Sections 1123(a)(5) and 1515(a)(4) of the Judicial Code, 42 Pa.C.S. §§ 1123(a)(5), 1515(a)(4). See also the Rules of Juvenile Court Procedure, Rule 105 (Search Warrants). Any judicial officer who is authorized to issue a search warrant and who issues a warrant is considered an ''issuing authority'' for purposes of this rule. The authority of a [district justice] magisterial district judge to issue a search warrant outside of the magisterial district but within the judicial district is recognized in Commonwealth v. Ryan, 400 A.2d 1264 (Pa. 1979).
* * * * * Official Note: Prior Rules 2000 and 2001 were suspended by former Rule 323, effective February 3, 1969. Present Rule 2001 adopted March 28, 1973, effective 60 days hence; amended July 1, 1980, effective August 1, 1980; Comment revised September 3, 1993, effective January 1, 1994; renumbered Rule 200 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
Final Report explaining the April 1, 2005 Comment revision concerning Rules of Juvenile Court Procedure published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART A. Instituting Proceedings Rule 400. Means of Instituting Proceedings In Summary Cases.
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Comment * * * * * Summary cases are cases in which all the offenses charged are either summary offenses, as defined in the Crimes Code, 18 Pa.C.S. § 106(c), or violations of ordinances for which imprisonment may be imposed upon conviction or upon failure to pay a fine or penalty. See Rule 103. Criminal proceedings in summary cases are to be brought under this chapter of the rules. If one or more of the offenses charged is a misdemeanor, felony, or murder, the case is a court case (see Rule 103) and proceeds under Chapter 5 of the rules. Any summary offenses in such a case, if known at the time, must be charged in the same complaint as the higher offenses and must be disposed of as part of the court case. See Crimes Code § 110, 18 Pa.C.S. § 110, and Commonwealth v. Campana, 304 A.2d 432 (Pa. 1973), vacated and remanded, 414 U.S. 808 (1973), on remand, 314 A.2d 854 (Pa. 1974). But see Commonwealth v. Beatty, 455 A.2d 1194 (Pa. 1983); Commonwealth v. Taylor, 522 A.2d 37 (Pa. 1987); and Commonwealth v. Kresge, 464 A.2d 384 (Pa. Super. Ct. 1983) (no Section 110 violation when separate prosecutions involve offenses ''not within the jurisdiction of a single court''). See also Commonwealth v. Geyer, 687 A.2d 815 (Pa. 1996) (Section 110 applies to separate prosecution of two summary offenses within the jurisdiction of a single court).
* * * * * The Rules of Criminal Procedure generally do not apply to juvenile proceedings[, but these rules]. But see the Rules of Juvenile Court Procedure 105 (Search Warrants) and 396 (Bail). The Criminal Rules do apply to proceedings in summary cases involving defendants under 18 years of age to the extent that the Juvenile Act does not apply to such proceedings. See, e.g., Juvenile Act, 42 Pa.C.S. §§ 6302, 6303, and 6326, Vehicle Code, 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 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; Comment revised August 7, 2003, effective July 1, 2004; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
* * * * * Final Report explaining the April 1, 2005 Comment revision concerning Rules of Juvenile Court Procedure published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
PART D. Arrest Procedures in Summary Cases
PART D(1). Arrests With a Warrant Rule 430. Issuance of Arrest Warrant.
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Comment * * * * * If the defendant is under 18 years of age and has not paid the fine and costs, the issuing authority must issue the notice required by paragraph (D) to the defendant and the defendant's parents, guardian, or other custodian informing the defendant and defendant's parents, guardian, or other custodian that, if payment is not received or the defendant does not appear within the 10-day time period, the issuing authority will certify notice of the failure to pay to the court of common pleas as required by the Juvenile Act, 42 Pa.C.S. § 6302, definition of ''delinquent act,'' paragraph (2)(iv). Thereafter, the case will proceed pursuant to the Rules of Juvenile Court Procedure and the Juvenile Act instead of these rules.
* * * * * Official Note: Rule 75 adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended January 31, 1991, effective July 1, 1991; amended April 18, 1997, effective July 1, 1997; amended October 1, 1997, effective October 1, 1998; amended July 2, 1999, effective August 1, 1999; renumbered Rule 430 and amended March 1, 2000, effective April 1, 2001; amended February 28, 2003, effective July 1, 2003; Comment revised August 7, 2003, effective July 1, 2004; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
* * * * * Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Procedural Rules published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
Rule 431. Procedure When Defendant Arrested With Warrant.
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Comment * * * * * In cases in which a defendant who is under 18 years of age has failed to ''comply with a lawful sentence'' imposed by the issuing authority, the Juvenile Act requires the issuing authority to certify notice of the failure to comply to the court of common pleas. See the definition of ''delinquent act,'' paragraph (2)(iv), in 42 Pa.C.S. § 6302. Following the certification, the case is to proceed pursuant to the Rules of Juvenile Court Procedure and the Juvenile Act instead of these rules.
* * * * * Official Note: Rule 76 adopted July 12, 1985, effective January 1, 1986; Comment revised September 23, 1985, effective January 1, 1986; January 1, 1986 effective dates extended to July 1, 1986; Comment revised January 31, 1991, effective July 1, 1991; amended August 9, 1994, effective January 1, 1995; amended October 1, 1997, effective October 1, 1998; amended July 2, 1999, effective August 1, 1999; renumbered Rule 431 and amended March 1, 2000, effective April 1, 2001; amended August 7, 2003, effective July 1, 2004; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
* * * * * Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Procedural Rules published with the Court's Order at 35 Pa.B. 2213 (April 15, 2005).
PART E. General Procedures in Summary Cases Rule 455. Trial in Defendant's Absence.
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Comment * * * * * If the defendant is under 18 years of age, the notice in paragraph (D) must inform the defendant and defendant's parents, guardian, or other custodian that, if payment is not received or the defendant does not appear within the 10-day time period, the issuing authority will certify notice of the failure to pay to the court of common pleas as required by the Juvenile Act, 42 Pa.C.S. § 6302, definition of ''delinquent act,'' paragraph (2)(iv), and the case will proceed pursuant to the Rules of Juvenile Court Procedure and the Juvenile Act instead of these rules.
* * * * * Official Note: Rule 84 adopted July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; amended February 1, 1989, effective July 1, 1989; amended April 18, 1997, effective July 1, 1997; amended October 1, 1997, effective October 1, 1998; renumbered Rule 455 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised August 7, 2003, effective July 1, 2004; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
* * * * * Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Procedural Rules published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
Rule 456. Default Procedures: Restitution, Fines, and Costs.
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Comment * * * * * If the defendant is under 18 years of age, the notice in paragraph (B) must inform the defendant and the defendant's parents, guardian, or other custodian that, if payment is not received or the defendant does not appear within the 10-day time period, the issuing authority will certify notice of the failure to pay to the court of common pleas as required by the Juvenile Act, 42 Pa.C.S. § 6302, definition of ''delinquent act,'' paragraph (2)(iv), and the case will proceed pursuant to the Rules of Juvenile Court Procedure and the Juvenile Act instead of these rules.
* * * * * Official Note: Adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986; January 1, 1986 effective dates extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; rescinded October 1, 1997, effective October 1, 1998. New Rule 85 adopted October 1, 1997, effective October 1, 1998; amended July 2, 1999, effective August 1, 1999; renumbered Rule 456 and amended March 1, 2000, effective April 1, 2001; Comment revised August 7, 2003, effective July 1, 2004; amended March 3, 2004, effective July 1, 2004; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
* * * * * Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Procedural Rules published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART C. Bail Rule 520. Bail Before Verdict.
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Comment * * * * * See Pa.R.J.C.P. 396, which provides that, at the conclusion of a transfer hearing, the juvenile court judge is to determine bail pursuant to these bail rules for a juvenile whose case is ordered transferred to criminal proceedings.
See Commonwealth v. Truesdale, 296 A.2d 829 (Pa. 1972), concerning the bail authority's discretion to refuse bail under paragraph (A).
* * * * * Official Note: Former Rule 4001 adopted July 23, 1973, effective 60 days hence, replacing prior Rule 4002; amended January 28, 1983, effective July 1, 1983; Comment revised September 23, 1985, effective January 1, 1986; rescinded September 13, 1995, effective January 1, 1996, and replaced by present Rule 520. Present Rule 4001 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective dates extended to April 1, 1996; the April 1, 1996 effective dates extended to July 1, 1996; Comment revised September 3, 1999, effective immediately; renumbered Rule 520 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
Final Report explaining the April 1, 2005 Comment revision concerning Rules of Juvenile Court Procedure published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
PART E. Informations Rule 565. Presentation of Information Without Preliminary Hearing.
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Comment * * * * * Under the Rules of Juvenile Court Procedure and the Juvenile Act, a juvenile is entitled to substantially the same rights at a transfer hearing as a defendant would be at a preliminary hearing. See Rules of Juvenile Court Procedure 394 and 395 and Juvenile Act, 42 Pa.C.S. § 6355. Therefore, to avoid duplicative proceedings, this rule permits the attorney for the Commonwealth to bypass the preliminary hearing when a juvenile has been transferred for prosecution as an adult.
* * * * * Official Note: Rule 231 adopted February 15, 1974, effective immediately; amended April 26, 1979, effective July 1, 1979; amended August 12, 1993, effective September 1, 1993; renumbered Rule 565 and amended March 1, 2000, effective April 1, 2001; Comment revised August 24, 2004, effective August 1, 2005; Comment revised April 1, 2005, effective October 1, 2005.
Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. [1477] 1478 (March 18, 2000).
* * * * * Final Report explaining the April 1, 2005 Comment revision concerning Rules of Juvenile Court Procedure published with the Court's Order at 35 Pa.B. 2213 (April 16, 2005).
FINAL REPORT1
Revisions of the Comments to Pa.Rs.Crim.P. 100, 200, 400, 430, 431, 455, 456, 520, and 565
Changes Necessitated by the New Rules of Juvenile Court Procedure On April 1, 2005, effective October 1, 2005, upon the recommendation of the Criminal Procedural Rules Committee, the Court approved the revisions of the Comments to Pa.Rs.Crim.P. 100, 200, 400, 430, 431, 455, 456, 520, and 565.
Introduction
On April 1, 2005, the Court adopted the new Juvenile Court Procedural Rules (''Juvenile Rules''). Included in these new rules are Juvenile Rules 105 (Search Warrants) and 396 (Bail) that defer to the procedures in the Rules of Criminal Procedure (''Criminal Rules'') for search warrant procedures in all juvenile cases and for bail procedures in cases in which a transfer has been ordered. In addition, Juvenile Rule 395 (Procedure to Initiate Criminal Information) includes a cross-reference to the Criminal Rules in general and to Criminal Rule 565 specifically for the procedures following a transfer from Juvenile Court. In view of these new Juvenile Rules, the Committee concluded some minor correlative changes to the Criminal Rules are necessary to conform the Criminal Rules with the Juvenile Rules, clarify the interplay between the two sets of rules, and alert the bench and bar to the two specific ''deferrals'' to the Criminal Rules and to the cross-reference to the Criminal Rules.
Discussion
The Comments to both Criminal Rule 100 (Scope of Rules) and Criminal Rule 400 (Means of Instituting Proceedings in Summary Cases) currently include provisions that explain that the Criminal Rules only apply to proceedings involving juveniles to the extent that the Juvenile Act does not vest jurisdiction in the Juvenile Court.2 With the adoption of the new Juvenile Rules, the Criminal Rules have been made applicable to search warrants in juvenile matters, Juvenile Rule 105, and to the setting of bail at the conclusion of a transfer hearing when transfer to criminal proceedings is ordered, Juvenile Rule 396. To accommodate this expansion, the Comments to Criminal Rules 100 and 400 have been revised to include references to Juvenile Rules 105 and 396. In addition, the Comments to Criminal Rules 200 (Who May Issue) and 520 (Bail Before Verdict) have been revised by the addition of cross-references to Juvenile Rules 105 and 396 respectively. These cross-references are important as additional flags to alert the bench and bar to the application of the Criminal Rules concerning search warrants and bail to proceedings under the Juvenile Rules.
Similarly, the Comment to Criminal Rule 565 (Presentation of Information without Preliminary Hearing) has been revised. Prior to this revision, the second paragraph of the Criminal Rule 565 Comment explained, inter alia, that the procedures for a transfer hearing under Section 6355 of the Juvenile Act, 42 Pa.C.S. § 6355, serve the same purpose as the preliminary hearing. New Juvenile Rule 394 (Transfer Hearing), which incorporates much of Section 6355, provides procedures comparable to the preliminary hearing. In addition, the Juvenile Rule 395 Comment makes specific reference to Criminal Rule 565 concerning bypassing the preliminary hearing in these cases when filing an information. The revision of the Criminal Rule 565 Comment adding a cross-reference to the Juvenile Rules to the existing cross-reference to the Juvenile Act makes it clear that both the Rules of Juvenile Court Procedure and the Juvenile Act provide the basis for the preliminary hearing bypass process in the Criminal Rules in transfer cases.
Finally, prior to these 2005 changes, the Comments to Rules 430 (Issuance of Arrest Warrant), 431 (Procedure When Defendant Arrested With Warrant), 455 (Trial in Defendant's Absence), 456 (Default Procedures: Restitution, Fines, and Costs) included the explanation that when a summary case involves a juvenile who has failed to comply with a sentence, the issuing authority is to certify the case to the Juvenile Court and the case is to ''proceed pursuant to the Juvenile Act instead of these rules.'' These references to the Juvenile Act have been revised to include a reference to the new Juvenile Rules, since the Juvenile Rules provide the procedures in Juvenile Court.
[Pa.B. Doc. No. 05-694. Filed for public inspection April 15, 2005, 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 These proceedings are summary case proceedings and the specific court case proceedings exempted by the Juvenile Act from the definition of ''juvenile act,'' as well as any cases ordered transferred to criminal court.
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