THE COURTS
Title 234—RULES OF CRIMINAL PROCEDURE
[ 234 PA. CODE CH. 4 ]
Proposed Revision to the Comments to Pa.Rs.Crim.P. 409, 414, 424, 454 and 455
[42 Pa.B. 6529]
[Saturday, October 13, 2012]The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania revise the Comments to Rules 409, 414, 424, 454, and 455 to clarify that a magisterial district justice may conduct the trial of a defendant who is under the age of 18 and is charged with a violation of 75 Pa.C.S. § 1543(b) (driving under a DUI-related suspended license) but the sentence may not include incarceration. 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 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 explanatory Reports.
The text of the proposed Comment revisions to the rules precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,
Jeffrey M. Wasileski, Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
601 Commonwealth Avenue, Suite 6200
Harrisburg, PA 17106-2635
fax: (717) 231-9521
e-mail: criminalrules@pacourts.usno later than Friday, November 23, 2012.
By the Criminal Procedural
Rules CommitteePHILIP D. LAUER,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART B(1). Procedures When Citation Is Issued to Defendant Rule 409. Guilty Pleas.
* * * * *
Comment * * * * * [When the defendant is under 18 years of age at the time of the offense and appears as provided in paragraph (C), if a mandatory sentence of imprisonment is prescribed by statute, the issuing authority must foreward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303. For procedure upon default in payment of fine or costs, see Rule 456.]
When the defendant was under 18 years of age at the time of the offense and is charged with a summary offense that would otherwise carry a mandatory sentence of imprisonment as prescribed by statute, the issuing authority shall conduct the trial but the defendant shall not be sentenced to a term of imprisonment. See 42 Pa.C.S. §§ 6302 and 6303 and 75 Pa.C.S. § 6303(b).
For procedure upon default in payment of the fine or costs, see Rule 456.
For appeal procedures in summary cases, see Rules 460, 461, and 462.
For procedures regarding arrest warrants, see Rules 430 and 431.
With regard to the defendant's right to counsel and waiver of counsel, see Rules 121 and 122.
Official Note: Previous Rule 59 adopted September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule [430] 75. Present Rule 59 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 409 and amended March 1, 2000, effective April 1, 2001; Comment revised August 7, 2003, effective July 1, 2004; amended January 26, 2007, effective February 1, 2008; Comment revised , 2012, effective , 2012.
Committee Explanatory Reports:
* * * * * Report explaining the proposed Comment revision concerning mandatory incarceration offenses and juveniles published for comment at 42 Pa.B. 6531 (October 13, 2012).
PART B(2). Procedures When Citation Filed Rule 414. Guilty Pleas.
* * * * *
Comment * * * * * [When the defendant is under 18 years of age at the time of the offense and appears as provided in paragraph (C), if a mandatory sentence of imprisonment is prescribed by the statute, the issuing authority must foreward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.]
When the defendant was under 18 years of age at the time of the offense and is charged with a summary offense that would otherwise carry a mandatory sentence of imprisonment as prescribed by statute, the issuing authority shall conduct the trial but the defendant shall not be sentenced to a term of imprisonment. See 42 Pa.C.S. §§ 6302 and 6303 and 75 Pa.C.S. § 6303(b).
For procedure upon default in payment of the fine or costs, see Rule 456.
For appeal procedures in summary cases, see Rules 460, 461, and 462.
For arrest warrant procedures, see Rules 430 and 431.
With regard to the defendant's right to counsel and waiver of counsel, see Rules [122 and 121] 121 and 122.
Official Note: Previous rule, originally numbered Rule 136, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 64 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule [455] 84. Present Rule 64 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 414 and amended March 1, 2000, effective April 1, 2001; Comment revised August 7, 2003, effective July 1, 2004; amended January 26, 2007, effective February 1, 2008; Comment revised , 2012, effective , 2012.
Committee Explanatory Reports:
* * * * * Report explaining the proposed Comment revision concerning mandatory incarceration offenses and juveniles published for comment at 42 Pa.B. 6531 (October 13, 2012).
PART C. Procedures in Summary Cases When Complaint Filed Rule 424. Guilty Pleas.
* * * * *
Comment * * * * * [When the defendant is under 18 years of age at the time of the offense and appears as provided in paragraph (C), if a mandatory sentence of imprisonment is prescribed by statute, the issuing authority must foreward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.]
When the defendant was under 18 years of age at the time of the offense and is charged with a summary offense that would otherwise carry a mandatory sentence of imprisonment as prescribed by statute, the issuing authority shall conduct the trial but the defendant shall not be sentenced to a term of imprisonment. See 42 Pa.C.S. §§ 6302 and 6303 and 75 Pa.C.S. § 6303(b).
For the procedure upon default in payment of the fine or costs, see Rule 456.
For appeal procedures in summary cases, see Rules 460, 461, and 462.
For procedures regarding arrest warrants, see Rules 430 and 431.
With regard to the defendant's right to counsel and waiver of counsel, see Rules [122 and 121] 121 and 122.
Official Note: Previous rule, originally numbered Rule 140, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 69 September 18, 1973, effective January 1, 1974; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present Rule 69 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 424 and amended March 1, 2000, effective April 1, 2001; Comment revised August 7, 2003, effective July 1, 2004; amended January 26, 2007, effective February 1, 2008; Comment revised , 2012, effective , 2012.
Committee Explanatory Reports:
* * * * * Report explaining the proposed Comment revision concerning mandatory incarceration offenses and juveniles published for comment at 42 Pa.B. 6531 (October 13, 2012).
PART E. General Procedures in Summary Cases Rule 454. Trial in Summary Cases.
* * * * *
Comment * * * * * [When the defendant was under 18 years of age at the time of the offense, if a mandatory sentence of imprisonment is prescribed by statute, the issuing authority may not conduct the trial, but must forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.]
When the defendant was under 18 years of age at the time of the offense and is charged with a summary offense that would otherwise carry a mandatory sentence of imprisonment as prescribed by statute, the issuing authority shall conduct the trial but the defendant shall not be sentenced to a term of imprisonment. See 42 Pa.C.S. §§ 6302 and 6303 and 75 Pa.C.S. § 6303(b).
Under paragraph (F)(2)(a), the issuing authority should explain to the defendant that if an appeal is filed, any sentence, including imprisonment, fines, or restitution, will be stayed.
* * * * * Official Note: Rule 83 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; amended February 2, 1989, effective March 1, 1989; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; Comment revised April 18, 1997, effective July 1, 1997; amended October 1, 1997, effective October 1, 1998; Comment revised February 13, 1998, effective July 1, 1998; renumbered Rule 454 and Comment revised March 1, 2000, effective April 1, 2001; amended February 28, 2003, effective July 1, 2003; Comment revised August 7, 2003, effective July 1, 2004; amended March 26, 2004, effective July 1, 2004; amended January 26, 2007, effective February 1, 2008; Comment revised , 2012, effective , 2012.
Committee Explanatory Reports:
* * * * * Report explaining the proposed Comment revision concerning mandatory incarceration offenses and juveniles published for comment at 42 Pa.B. 6531 (October 13, 2012).
Rule 455. Trial in Defendant's Absence.
* * * * *
Comment In those cases in which the issuing authority determines that there is a likelihood that the sentence will be imprisonment or that there is other good cause not to conduct the trial in the defendant's absence, the issuing authority may issue a warrant for the arrest of the defendant in order to have the defendant brought before the issuing authority for the summary trial. See Rule 430(B). The trial would then be conducted with the defendant present as provided in these rules. See Rule 454.
[When the defendant was under 18 years of age at the time of the offense, if a mandatory sentence of imprisonment is prescribed by statute, the issuing authority may not conduct the trial, but must foreward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.]
When the defendant was under 18 years of age at the time of the offense and is charged with a summary offense that would otherwise carry a mandatory sentence of imprisonment as prescribed by statute, the issuing authority shall conduct the trial but the defendant shall not be sentenced to a term of imprisonment. See 42 Pa.C.S. §§ 6302 and 6303 and 75 Pa.C.S. § 6303(b).
* * * * * 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; amended August 15, 2005 effective February 1, 2006; Comment revised , 2012, effective , 2012.
Committee Explanatory Reports:
* * * * * Report explaining the proposed Comment revision concerning mandatory incarceration offenses and juveniles published for comment at 42 Pa.B. 6531 (October 13, 2012).
REPORT
Proposed Revisions to the Comments to Pa.Rs.Crim.P. 409, 414, 424, 454, and 455
Juveniles and Mandatory Incarceration In Summary Cases The Committee has recently examined a possible conflict between the Rule 454 Comment and provisions within the Juvenile Act regarding the handling of summary offenses for which there is a mandatory sentence of incarceration when the defendant is a juvenile.
The particular Comment language in question states:
When the defendant was under 18 years of age at the time of the offense, if a mandatory sentence of imprisonment is prescribed by statute, the issuing authority may not conduct the trial, but must forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.This language was added as part of a package developed by the Committee that was adopted by the Court in 2004. The Comment language above addressed the provision in the Juvenile Act, 42 Pa.C.S. § 6303(b) that states:
(b) Minor judiciary.—No child shall be detained, committed or sentenced to imprisonment by a magisterial district judge or a judge of the minor judiciary unless the child is charged with an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the definition of ''delinquent act'' in section 6302 (relating to definitions).42 Pa.C.S. § 6302 excludes summary offenses from the definition of ''delinquent act.''
The language was added to the Rule 454 Comment to provide guidance to magisterial district judges (MDJs) on how to dispose of summary cases involving juveniles facing possible mandatory incarceration.1 The Committee believed that sending these cases to the common pleas court created the least confusion while ensuring no juvenile would be sentenced to imprisonment by a member of the minor judiciary.
Shortly after these changes were adopted, the Legislature passed amendments to 75 Pa.C.S. § 6303 (Rights and Liabilities of Minors), so that it now reads:
(a) Except as provided in subsection (b), any person over the age of 16 years charged with the violation of any provisions of this title constituting a summary offense shall have all the rights of an adult and may be prosecuted under the provisions of this title in the same manner as an adult.(b) No person shall be sentenced to a term of imprisonment for a violation of any provisions of this title constituting a summary offense committed while the person was under the age of 18 years.It has come to the attention of the Committee that the practice in some counties in cases in which the defendant is a juvenile charged with violations of 75 Pa.C.S. § 1543(b) is for magisterial district judges (MDJs) to hold the summary trial with the sentence for § 1543(b) offenses being limited to fines only, and no sentence to incarceration being imposed.
The problem was brought to light because the recently redesigned Magisterial District Court System, relying on the language in the Rule 454 Comment, will not permit an MDJ to schedule the summary trial. However, when the MDJs have tried to transfer these cases to the common pleas juvenile court, the juvenile court has rejected these cases because, as noted above, the Juvenile Act excludes summary offenses from the definition of ''delinquent acts'' and summary cases are not within the jurisdiction of the juvenile court.
The Committee concluded that these cases should be heard before the MDJs. Since the mandatory sentence required by Section 1543(b) now cannot be imposed on a juvenile, there is no need for the case to be referred to the court of common pleas and it can be treated in the same manner as other summary charges against juveniles.
The Committee is proposing the revision to the Rule 454 Comment that would specifically state that the magisterial district judge shall try the summary offense but that no incarceration could be awarded to a defendant under the age of 18. Although this question arose concerning Rule 454, identical language is contained in Rule 409, 414, 424, and 455. Similar changes are proposed to be made to the Comments to each of those rules.
[Pa.B. Doc. No. 12-1987. Filed for public inspection October 12, 2012, 9:00 a.m.] _______
1 The only summary offense for which there was then, and is now, a sentence of mandatory incarceration is driving under a DUI-related suspended license as provided in 75 Pa.C.S. § 1543(b).
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
