THE COURTS
Title 234--RULES
OF CRIMINAL PROCEDURE
PART I. GENERAL
[ 234 PA. CODE CH. 1 ]
Order Amending Rule of Criminal Procedure 103; No. 379; Doc. No. 2
[39 Pa.B. 2567]
[Saturday, May 23, 2009]
Order Per Curiam:
Now, this 6th day of May, 2009, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 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 Rule of Criminal Procedure 103 is amended as follows.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective immediately.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
PART A. Business of the Courts Rule 103. Definitions.
The following words and phrases, when used in any Rule of Criminal Procedure, shall have the following meanings:
* * * * * BAIL AUTHORITY is the magisterial district judge, magistrate, Philadelphia [bail commissioner] arraignment court magistrate, or the judge with jurisdiction over the case who is authorized by law to set, modify, revoke, or deny bail.
* * * * * ISSUING AUTHORITY is any public official having the power and authority of a magistrate, a Philadelphia [bail commissioner] arraignment court magistrate, or a magisterial district judge.
* * * * *
Comment * * * * * The definitions of bail authority and issuing authority were amended in 2005 to reflect the provisions of Act 207 of 2004 that changed the phrase ''district justice'' to ''magisterial district judge,'' effective January 29, 2005. See also the Court's January 6, 2005 Order providing that any reference to ''district justice'' in a court rule shall be deemed a reference to a ''magisterial district judge.''
The definitions of ''bail authority'' and ''issuing authority'' were amended in 2009 to reflect the provisions of Act 98 of 2008 that changed the phrase ''bail commissioner'' to ''arraignment court magistrate,'' effective December 8, 2008. See also the Court's January 21, 2009 Order providing that any reference to ''bail commissioner'' in a court rule shall be deemed a reference to an ''arraignment court magistrate.''
* * * * * Official Note: Previous Rules 3 and 212 adopted June 30, 1964, effective January 1, 1965, suspended January 31, 1970, effective May 1, 1970; present Rule 3 adopted January 31, 1970, effective May 1, 1970; amended June 8, 1973, effective July 1, 1973; amended February 15, 1974, effective immediately; amended June 30, 1977, effective September 1, 1977; amended January 4, 1979, effective January 9, 1979; amended July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; amended August 12, 1993, effective September 1, 1993; amended February 27, 1995, effective July 1, 1995; amended September 13, 1995, effective January 1, 1996. The January 1, 1996 effective date extended to April 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; renumbered Rule 103 and Comment revised March 1, 2000, effective April 1, 2001; amended May 10, 2002, effective September 1, 2002; amended March 3, 2004, effective July 1, 2004; amended April 30, 2004, effective July 1, 2004; amended August 24, 2004, effective August 1, 2005; amended February 4, 2005, effective immediately; amended May 6, 2009, effective immediately.
Committee Explanatory Reports:
* * * * * Final Report explaining the May 6, 2009 amendments modifying the definitions of bail authority and issuing authority published with the Court's Order at 39 Pa.B. 2567 (May 23, 2009).
FINAL REPORT1
Amendments to Pa.R.Crim.P. 103 (Definitions)
PHILADELPHIA ARRAIGNMENT COURT MAGISTRATE On May 6, 2009, effective immediately, upon the recommendation of the Criminal Procedural Rules Committee, the Court amended Rule 103 (Definitions) changing the term ''bail commissioner'' to ''arraignment court magistrate'' in the definitions of ''bail authority'' and ''issuing authority'' in view of Act 98 of 2008.
On October 9, 2008, Governor Rendell signed into law Act 98 of 2008 that changed the term ''bail commissioner'' to ''arraignment court magistrate,'' effective December 8, 2008. Because ''bail commissioner'' is used extensively in the Rules of Criminal Procedure, the references to ''bail commissioner'' are being changed to ''arraignment court magistrate'' to avoid confusion to the members of the bench, bar, and public.
The first step is the amendment of the definitions of ''bail authority'' and ''issuing authority'' in Rule 103. Accordingly, in conformance with Act 98 of 2008, the term ''Philadelphia bail commissioner'' has been replaced with the new term ''Philadelphia arraignment court magistrate.'' This change is explained in the Rule 103 Comment with a cross-reference to Act 98 of 2008. The Comment also includes a reference to the Supreme Court's Order, No. 329 Judicial Administration Docket No. 1, providing, inter alia, that all references to ''bail commissioner'' in the court rules will be deemed ''arraignment court magistrate.'' With this amendment to Rule 103 and the Court's Order, the Court will be able to proceed in an orderly manner to change all the other references to ''bail commissioner'' by making the changes when a rule is being amended for some other reason.
[Pa.B. Doc. No. 09-918. Filed for public inspection May 22, 2009, 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.
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