THE COURTS

Title 234—RULES OF CRIMINAL PROCEDURE

[ 234 PA. CODE CHS. 1 AND 5 ]

Proposed Amendments of Pa.R.Crim.P. 522 and Proposed Revision to the Comments to Pa.Rs.Crim.P. 150 and 151

[47 Pa.B. 1731]
[Saturday, March 25, 2017]

 The Criminal Procedural Rules Committee is planning to propose to the Supreme Court of Pennsylvania the amendment of Rule 522 (Detention of Witnesses) and the revision of the Comments to Rules 150 (Bench Warrants) and 151 (Bench Warrant Procedures When Witness is under Age of 18 Years) for the reasons set forth in the accompanying explanatory report. Pursuant to Pa.R.J.A. No. 103(a)(1), the proposal is being published in the Pennsylvania Bulletin for comments, suggestions, or objections prior to submission to the Supreme Court.

 Any reports, notes, or comments in the proposal have been inserted by the Committee for the convenience of those using the rules. They neither will constitute a part of the rules nor will be officially adopted by the Supreme Court.

 Additions to the text of the proposal are bolded; deletions to the text are bolded and bracketed.

 The Committee invites all interested persons to submit comments, suggestions, or objections in writing to:

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.us

 All communications in reference to the proposal should be received by no later than Friday, May 5, 2017. E-mail is the preferred method for submitting comments, suggestions, or objections; any e-mailed submission need not be reproduced and resubmitted via mail. The Committee will acknowledge receipt of all submissions.

By the Criminal Procedural
Rules Committee

CHARLES A. EHRLICH, 
Chair

Annex A

TITLE 234. RULES OF CRIMINAL PROCEDURE

CHAPTER 1. SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES

PART E. Miscellaneous Warrants

Rule 150. Bench Warrants.

*  *  *  *  *

 (B) As used in this rule, ''judicial officer'' is limited to the magisterial district judge or common pleas court judge who issued the bench warrant, or the magisterial district judge or common pleas court judge designated by the president judge or by the president judge's designee to conduct bench warrant hearings, or in Philadelphia, trial commissioners and Philadelphia Municipal Court judges.

Comment

*  *  *  *  *

 To ensure compliance with the prompt bench warrant hearing requirement, the president judge or the president judge's designee may designate only a magisterial district judge to cover for magisterial district judges or a common pleas court judge to cover for common pleas court judges. See also Rule 132 for the temporary assignment of magisterial district judges. In Philadelphia, the current practice of designating trial commissioners and Philadelphia Municipal Court judges to conduct bench warrant hearings is acknowledged in paragraph (B).

*  *  *  *  *

 For the bench warrant procedures in summary cases, see Rules 430(B) and 431(C).

 For procedures for the detention of witnesses, see Rule 522.

 For the arrest warrants that initiate proceedings in court cases, see Chapter 5, Part B(3)(a), Rules 513, 514, 515, 516, 517, and 518. For the arrest warrants that initiate proceedings in summary cases, see Chapter 4, Part D(1), Rules 430(A) and 431(B).

 Official Note: Adopted December 30, 2005, effective August 1, 2006; Comment revised October 24, 2013, effective January 1, 2014; Comment revised   , 2017, effective   , 2017.

 Committee Explanatory Reports:

 Final Report explaining new Rule 150 providing procedures for bench warrants published with the Court's Order at 36 Pa.B. 184 (January 14, 2006).

 Final Report explaining the October 24, 2013 Comment revision adding a cross-reference to new Rule 151 published with the Court's Order at 43 Pa.B. 6655 (November 9, 2013).

 Report explaining the Comment revision regarding procedures for the detention of witnesses pursuant to Rule 522 published for comment at 47 Pa.B. 1732 (March 25, 2017).

Rule 151. Bench Warrant Procedures When Witness is Under Age of 18 Years.

*  *  *  *  *

Comment

*  *  *  *  *

 As used in this rule, ''minor witness'' means a witness who is under the age of 18 years, and ''proper judicial officer'' means the judicial officer who issued the bench warrant, or, another judicial officer designated by the president judge or by the president judge's designee.

 When a witness under the age of 18 years is to be detained pursuant to Rule 522, the procedures in this rule are applicable.

 Official Note: Adopted October 24, 2013, effective January 1, 2014; Comment revised   , 2017, effective   , 2017.

 Committee Explanatory Reports:

 Final Report explaining the October 24, 2013 adoption of new Rule 151 providing procedures for bench warrants when a witness is under the age of 18 published with the Court's Order at 43 Pa.B. 6655 (November 9, 2013).

 Report explaining the Comment revision regarding procedures for the detention of witnesses pursuant to Rule 522 published for comment at 47 Pa.B. 1732 (March 25, 2017).

CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES

PART C. Bail

Rule 522. Detention of Witnesses.

*  *  *  *  *

 (C) Upon application, a court may release a witness from custody with or without bond, or grant other appropriate relief.

 (D) If process has been issued pursuant to paragraph (A) for a material witness who is under the age of 18 years, the procedures provided in Rule 151 shall apply.

Comment

 This rule does not permit a witness to be detained prior to the arrest of the defendant, since an arrest might never take place and the witness could be held indefinitely.

*  *  *  *  *

 Official Note: Former Rule 4017, previously Rule 4014, adopted November 22, 1965, effective June 1, 1966; renumbered Rule 4017 July 23, 1973, effective 60 days hence; Comment revised January 28, 1983, effective July 1, 1983; rescinded September 13, 1995, effective January 1, 1996, and replaced by present Rule 522. Present Rule 4017 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective dates extended to April 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; renumbered Rule 522 and amended March 1, 2000, effective April 1, 2001; Comment revised April 28, 2006, effective August 1, 2006; amended   , 2017, effective   , 2017.

 Committee Explanatory Reports:

 Final Report explaining the provisions of the new rule published with Court's Order at 25 Pa.B. 4116 (September 30, 1995).

 Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1477 (March 18, 2000).

 Final Report explaining the April 28, 2006 revision to the Comment concerning electronic monitoring published with the Court's Order at 36 Pa.B. 2279 (May 13, 2006).

 Report explaining the proposed amendments concerning material witnesses under the age of 18 years published for comment at 47 Pa.B. 1732 (March 25, 2017).

REPORT

Proposed Amendment of Pa.R.Crim.P. 522
Proposed Revision of the Comments to
Pa.Rs.Crim.P. 150 and 151

Rule 522: Material Witness Under 18 Taken Into Custody

 The Committee was recently posed with the question of what should be done when a material witness who is taken into custody pursuant to Rule 522 is under the age of 18. Rule 522 (Detention of Witnesses) provides procedures for restricting the liberty of a material witness when there is cause to believe the witness will not appear for trial. The rule provides that, upon application of the Commonwealth or defense counsel, a court may set bail for a witness who likely is not to appear to testify. Process may be issued to bring the witness before the court for purposes of demanding bail. Paragraph (B) of the rule provides that, if the witness cannot satisfy the conditions of bail, the witness may be committed to jail but must have the opportunity to post bail at any time.

 Rule 151 (Bench Warrant Procedures When Witness is Under Age of 18 Years) was developed in 2013 to provide procedures for bench warrants issued to minor witnesses who failed to respond to a subpoena. This was based on Rule of Juvenile Court Procedure 140 (Bench Warrants for Failure to Appear at Hearings) and was intended to address the various issues that arise when a juvenile is taken into custody. Rule 151 includes required notice to the issuing authority and parents or guardians as well as procedures to ensure early judicial review for an under-18 witness who is being held. See 43 Pa.B. 6655 (November 9, 2013).

 The Committee concluded that the same protections should apply for those under-18 determined to be reluctant material witnesses as is provided for under-18 witnesses who have failed to respond to subpoenas. Therefore, a new paragraph (D) would be added to Rule 522 that would state that the Rule 151 procedures would apply in these circumstances. A revision to the Comment to Rule 151 similarly would state that the procedures in Rule 151 would apply to an under-18 witness being detained pursuant to Rule 522. Additionally, a cross-reference to Rule 522 would be added to the Rule 150 (Bench Warrants) Comment.

 During the Committee's discussion, it was noted that the practice in Philadelphia was for bench warrant hearings to be conducted by Philadelphia Municipal Court judges in addition to being held by Philadelphia trial commissioners. This has been clarified by an amendment to paragraph (B) of Rule 150 and by a revision to the Comment.

[Pa.B. Doc. No. 17-501. Filed for public inspection March 24, 2017, 9:00 a.m.]

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