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PA Bulletin, Doc. No. 15-662

THE COURTS

Title 255—LOCAL
COURT RULES

BUCKS COUNTY

Rescission of Rule of Criminal Procedure 4007*(e)(2) and Promulgation of Rule of Criminal Procedure 535(G), (H), (I) and (J); AD-1-2015

[45 Pa.B. 1847]
[Saturday, April 11, 2015]

Order

 And Now, this 25th day of March, 2015, it is hereby Ordered and Decreed that Bucks County Rule of Criminal Procedure 4007*(e) is rescinded and Bucks County Rule of Criminal Procedure 535(G), (H), (I) and (J) is promulgated as follows:

 (G) Authorization for Cash Bail. A Magisterial District Judge shall allow, and the court may allow, defendants charged with a crime or crimes to furnish as bail with the Magisterial District Judge or clerk of court a sum of money in U.S. currency equal to 10 percent of the full amount of the bail fixed by the Magisterial District Judge or the Court. The Magisterial District Judge or the Court may require a third person to act as surety and may require the surety, as well as the defendant, to execute the required bail bond. The sum of money may be furnished by the defendant or by a third party, and the bail bond shall disclose who furnished the money. No surety company or professional bail bondsman, or agent thereof, shall act as third party surety under the provisions of this Rule. In the event a member of law enforcement is selected to act as surety, he or she will not be obligated to pay any sums of money in the event of bail forfeiture.

 (H) When the conditions of the bail bond have been performed and the accused has been discharged from all obligations of the bail bond, the Clerk of Courts shall return the amount deposited less the balance to be retained by the Clerk of Courts as administrative costs, which shall be one hundred dollars ($100.00). If the amount deposited is less than one hundred dollars ($100.00), the Clerk of Courts shall retain as administrative costs the amount deposited with no balance to be refunded. The monies retained by the Court shall be considered as earned at the time the bail undertaking is executed. The retention fee withheld by the Magisterial District Judge or by the Clerk of Courts shall be for the use of the County and shall be received and accounted for by the Clerk of Courts. The retention fee withheld by the Magisterial District Judge shall be forwarded immediately to the Clerk of Courts upon receipt.

 (I) In addition to the provisions of Pa.R.Cr.P. No. 535(E), if the Court orders the defendant to pay the fine and the costs of prosecution, the balance of the amount deposited pursuant to Section (G) above by the defendant or surety, if any, may be applied to the payment of said fine and costs upon written authorization of the depositor.

 (J) Upon authorization in writing of the party who furnished the deposit, the Court or its designee may order whatever amount is repayable from such deposit to be paid as the depositor directs.

 This Order shall be effective April 1, 2015.

By the Court

HONORABLE JEFFREY L. FINLEY, 
President Judge

[Pa.B. Doc. No. 15-662. Filed for public inspection April 10, 2015, 9:00 a.m.]


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