THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
[234 PA. CODE CH. 5]
Proposed Amendments to Pa.R.Crim.P. 541
[37 Pa.B. 1025]
[Saturday, March 3, 2007]The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Pa.R.Crim.P. 541 (Waiver of Preliminary Hearing) to add a cross-reference to Rule 543(C) to alert the bench and bar that bail needs to be addressed when a defendant waives the preliminary hearing. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Report 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 explanatory Reports.
The text of the proposed amendments precedes the Report.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,
Anne T. Panfil, Chief Staff Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
5035 Ritter Road, Suite 100
Mechanicsburg, PA 17055
fax: (717) 795-2106
e-mail: criminalrules@pacourts.usno later than Friday, April 20, 2007.
By the Criminal Procedural Rules Committee
NICHOLAS J. NASTASI,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 5. PRETRIAL PROCEDURES IN
COURT CASES
PART D. Proceedings in Court Cases Before Issuing Authorities Rule 541. Waiver of Preliminary Hearings.
(A) The defendant who is represented by counsel may waive the preliminary hearing at the preliminary arraignment or at any time thereafter.
(B) The defendant who is not represented by counsel at the preliminary arraignment may not at that time waive the preliminary hearing.
(C) If the defendant waives the preliminary hearing and consents to be bound over to court, the defendant and defense attorney, if any, shall certify in writing that the issuing authority told the defendant of the right to have a preliminary hearing, and that the defendant voluntarily waives the hearing and consents to be bound over to court.
(D) When the defendant waives the preliminary hearing, the case shall proceed as provided in Rule 543(C).
Comment While the rule continues to require a written certification incorporating the contents set forth in paragraph (C), the form of certification was deleted in 1985 because it is no longer necessary to control the specific form of written certification.
Under paragraph (B), it is intended that the defendant who elects to proceed pro se may waive the preliminary hearing at a time subsequent to the preliminary arraignment.
Official Note: Rule 140A adopted April 26, 1979, effective July 1, 1979; amended November 9, 1984, effective January 2, 1985; renumbered Rule 541 and amended March 1, 2000, effective April 1, 2001; amended , 2007, effective , 2007.
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. 1478 (March 18, 2000).
Report explaining the proposed new paragraph (D) referencing Rule 543(C) published at 37 Pa.B. 1026 (March 3, 2007).
REPORT
Proposed amendments to Pa.R.Crim.P. 541
Bail When Defendant Waives Preliminary Hearing The Criminal Procedural Rules Committee is proposing an amendment to Pa.R.Crim.P. 541 (Waiver of Preliminary Hearing) that would add a cross-reference to the provisions in Rule 543(C) that require the issuing authority to:
(1) set bail as permitted by law if the defendant did not receive a preliminary arraignment; or(2) continue the existing bail order, unless the issuing authority modifies the order as permitted by Rule 529(A)when the defendant has been held for court.
The Committee agreed to propose this change after learning that some judicial districts do not permit defendants to waive the preliminary hearing when the case has proceeded pursuant to a summons because there is no provision in Rule 541 concerning the imposition of bail, and in summons cases, bail ordinarily is set at the preliminary hearing pursuant to Rule 543(C).
Following our discussion, the Committee confirmed that defendants in cases initiated by summons may waive the preliminary hearing as provided in Rule 541. The Committee also agreed that Rule 541 should be amended to address bail in these cases, as well as a when a preliminary hearing is waived following a preliminary arraignment. In reaching this decision, the Committee noted that the bail provisions in Rule 543(C) apply when the defendant is held for court following a preliminary hearing, and reasoned it is appropriate for the issuing authority to address bail at the time he or she accepts the defendant's waiver because, when the defendant waives the preliminary hearing, the case is held for court. Accordingly, after discussing several different means of alerting the bench and bar to the need to address bail at the time of the waiver, the members agreed to propose that a new paragraph (D) be added to Rule 541 that provides ''when the defendant waives the preliminary hearing, the case shall proceed as provided in Rule 543(C).''
[Pa.B. Doc. No. 07-345. Filed for public inspection March 2, 2007, 9:00 a.m.]
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