THE COURTS

Title 237--JUVENILE RULES

PART I. RULES

[ 237 PA. CODE CHS. 210 AND 232 ]

Order Amending Rules 210 and 232; No. 430 Supreme Court Rules; Doc. No. 1

[37 Pa.B. 6743]
[Saturday, December 22, 2007]

Order

Per Curiam

   Now, this 3rd day of December, 2007, upon the recommendation of the Juvenile Court Procedural Rules Committee and an Explanatory Report to be published with this Order:

   It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the modifications to the Rules of Juvenile Court Procedure Rules 210 and 232 are approved in the attached form.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.

Annex A

TITLE 237. JUVENILE RULES

PART I. RULES

Subpart A. DELINQUENCY MATTERS

CHAPTER 2. COMMENCEMENT OF PROCEEDINGS, ARREST PROCEDURES, WRITTEN ALLEGATION, AND PRE-ADJUDICATORY DETENTION

PART B. ARREST PROCEDURES IN DELINQUENCY CASES

(a). ARREST WARRANTS

Rule 210. Arrest Warrants.

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Comment

   For the contents of a written allegation, see Rule 232. See http://www.courts.state.pa.us for a copy of the written allegation form. For the requirements of the issuance of an arrest warrant, see Rule 211. The arrest warrant form may be accessed by a judge in the Magisterial District Judge System (MDJS) or the Common Pleas Criminal Court Case Management System (CPCMS).

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   Paragraph (A) provides that a magisterial district judge may order the juvenile to be taken into custody pursuant to the laws of arrest. Pursuant to the Juvenile Act, 42 Pa.C.S. § 6303(b), a district judge of the minor judiciary may not detain a juvenile. This rule allows a magisterial district judge to issue an arrest warrant, which may lead to detention in limited circumstances. [See] See Rule 800 (8).

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   Official Note: Rule 210 adopted April 1, 2005, effective October 1, 2005. Amended March 23, 2007, effective August 1, 2007. Amended December 3, 2007, effective immediately.

Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 210 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule [200] 210 published with the Court's Order at 37 Pa.B. 1485 (April 7, 2007).

   Final Report explaining the amendments to Rule 210 published with the Court's Order at 37 Pa.B. 6743 (December 22, 2007).

Rule 232. Contents of Written Allegation.

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Comment

   This rule sets forth the required contents of all written allegations whether the person making the allegation is a law enforcement officer, a police officer, or a private citizen. See http://www.courts.state. pa.us for a copy of the written allegation form that is to be submitted.

   Official Note: Rule 232 adopted April 1, 2005, effective October 1, 2005. Amended December 3, 2007, effective immediately.

Committee Explanatory Reports:

   Final Report explaining the provisions of Rule 232 published with the Court's Order at 35 Pa.B. 2214 (April 16, 2005).

   Final Report explaining the amendments to Rule 232 published with the Court's Order at 37 Pa.B. 6743 (December 22, 2007).

EXPLANATORY REPORT
DECEMBER 2007

Introduction

   The Supreme Court of Pennsylvania has adopted the proposed changes to Rules 210 and 232. The changes are effective December 3, 2007.

Rule 210--Arrest Warrant

   The first modification is in the Comment to Rule 210. The Court's web-page and reference to the Magesterial District Judge System (MDJS) or the Common Pleas Criminal Court Case Management System (CPCMS) has been added to the Comment to guide the judge or practitioner where a written allegation form or arrest warrant form may be found.

Rule 232--Contents of Written Allegation

   The second modification is in the Comment to Rule 232. A cite to the Court's web-page has been added to this Rule to reference where the allegation form may be found.

[Pa.B. Doc. No. 07-2342. Filed for public inspection December 21, 2007, 9:00 a.m.]

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