THE COURTS

DELAWARE COUNTY

Local Rule of Criminal Procedure 507A; CP-23-MD 525-14

[44 Pa.B. 1878]
[Saturday, March 29, 2014]

Order

 And Now, this 4th day of March, 2014, it is hereby Ordered and Decreed that the following Local Rule is hereby adopted. Said Rule shall go into effect thirty (30) days after Publication in the Pennsylvania Law Bulletin.

By the Court

CHAD F. KENNEY, 
President Judge

Proposed 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 Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.1;

 Aggravated Assault by Vehicle in violation of 75 Pa.C.S.A. Section 3732.1;

 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 3142.2; 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: ______
Occurrence 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 Uncooperative Victim
____IE=Insufficient Evidence	____WC=Witness Credibility Contradicted
____II=Identification Inconclusive	____ID=Inadequate Description of Persons,
____ IJ=Interest of Justice	Premises Or Property
____ IS=Inadmissible Evidence	____ NS=Insufficient Cause for
____ IP=Insufficient Probable Cause	Nighttime Search
____ LJ=Lacks Jurisdication
____ LP=Lacks Prosecutorial Merit
____ UW=Unavailable or Uncooperative Witness
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: _________________.

[Pa.B. Doc. No. 14-665. Filed for public inspection March 28, 2014, 9:00 a.m.]

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