THE COURTS
Title 255--LOCAL
COURT RULES
DELAWARE COUNTY
Local Rule of Criminal Procedure 507A; No. Misc. Doc. 08-2750
[38 Pa.B. 1354]
[Saturday, March 22, 2008]
Order And Now, this 6th day of March, 2008, it is hereby Ordered and Decreed that the Local Rule is hereby adopted. Said Rule shall go into effect thirty (30) days after Publication in the Pennsylvania Law Bulletin.
By the Court
JOSEPH P. CRONIN, Jr.,
President JudgeProposed Local Rule 507A
Rule 507A Approval of Police Complaints and Arrest Warrant Affidavits By Attorney For the Commonwealth
(A) The District Attorney of Delaware County, having filed a certificate pursuant to Pennsylvania Rule of Criminal Procedure 507, Criminal Complaints and Arrest Warrant Affidavits by police officers, as defined in the Rules of Criminal Procedure charging the following criminal offenses:
Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;
Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;
Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;
Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;
Causing or aiding suicide in violation of 18 Pa.C.S.A. Section 2505;
Drug delivery resulting in death in violation of 18 Pa.C.S.A. Section 2506;
Criminal Homicide of unborn child in violation of 18 Pa.C.S.A. Section 2603;
Murder in any degree of unborn child in violation of 18 Pa.C.S.A. Section 2604;
Voluntary Manslaughter of unborn child in violation of 18 Pa.C.S.A. Section 2605;
Aggravated Assault of unborn child in violation of 18 Pa.C.S.A. Section 2606;
Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732; and
Homicide by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735:
Aggravated Assault by vehicle while While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.1;
Rape in violation of 18 Pa.C.S.A. Section 3121;
Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;
Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;
Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;
Institutional Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.2; and
Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125;shall not hereafter be accepted by any judicial officer unless the Complaint and Affidavit have the approval of a Deputy District Attorney of the Delaware County District Attorney's Office prior to filing.
(B) Upon disapproval of a police complaint, arrest warrant affidavit, or both by an attorney for the Commonwealth, the attorney for the Commonwealth shall furnish to the police officer who prepared the complaint, affidavit, or both a written notice of the disapproval, in substantially the following form, and the attorney for the Commonwealth shall maintain a record of the written notice.
District Attorney of Delaware County NOTICE AND RECORD OF DISAPPROVAL File Number: ______ COMMONWEALTH OF PENNSYLVANIA Complaint/ Affidavit/ VS. Application of: ______ _________________ Charge: _________________ _________________ Police Number: ______ _________________ Police Department: ______ Time: _________________ Occurence Date: ______ Location: ______ SUMMARY OF FACTS AND PROBABLE CAUSE:
__________
__________
__________PCIC/NCIC check reveals no outstanding warrants:
Date _________________ Source of Information _________________
REASON(S) FOR DISAPPROVAL (Please check appropriate reason)
____ IC = Insufficient Corroboration ____ UV = Unavailable or ____ IE = Insufficient Evidence Uncooperative Victim ____ II = Identification Inconclusive ____ WC = Witness Credibility ____ IJ = Interest of Justice Contradicted ____ IS = Inadmissible Evidence ____ ID = Inadequate Description ____ IP = Insufficient Probable Cause of Persons, Premises ____ LJ = Lacks Jurisdication Or Property ____ LP = Lacks Prosecutorial Merit ____ NS = Insufficient Cause for ____ UW = Unavailable or Uncooperative Witness Nighttime Search Other: __________
_______________________________________________
_______________________________________________
DISAPPROVED BY: ___________________________
Attorney for the Commonwealth
DATE: ______(C) No defendant shall have the right to any relief of any kind based solely on a violation of this Rule.
(D) This Local Rule shall become effective: _________________ .
IN THE COURT OF COMMON PLEAS OF
DELAWARE COUNTY, PENNSYL VANIA
CRIMINAL DIVISION
IN RE: : MISC. NO. MD 2750-08 : CERTIFICATION PURSUANT TO : PA.R.CRIM.P. RULE 507A, : 42 PA.C.S.A :
CERTIFICATION Effective January 17, 2008, G. Michael Green, District Attorney of Delaware County, certifies that approval by a Deputy District Attorney for the Commonwealth is required prior to the issuance of a police complaint and/or arrest warrant affidavit concerning the following offenses:
(1) Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;
(2) Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;
(3) Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;
(4) Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;
(5) Causing or aiding suicide in violation of 18 Pa.C.S.A. Section 2505;
(6) Drug delivery resulting in death in violation of 18 Pa.C.S.A. Section 2506;
(7) Criminal Homicide of unborn child in violation of 18 Pa.C.S.A. Section 2603;
(8) Murder in any degree of unborn child in violation of 18 Pa.C.S.A. Section 2604;
(9) Voluntary Manslaughter of unborn child in violation of 18 Pa.C.S.A. Section 2605;
(10) Aggravated Assault of unborn child in violation of 18 Pa.C.S.A. Section 2606;
(11) Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732; and
(12) Homicide by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.
(13) Aggravated Assault by vehicle while While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.1;
(14) Rape in violation of 18 Pa.C.S.A. Section 3121;
(15) Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;
(16) Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;
(17) Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;
(18) Institutional Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.2; and
(19) Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125;
This new procedure will become effective February 1, 2008.
Certified this 17th day of January, 2008.
G. MICHAEL GREEN,
District AttorneySworn to and subscribed
before me this 17th day of
January, 2008.
[Pa.B. Doc. No. 08-502. Filed for public inspection March 21, 2008, 9:00 a.m.]
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