THE COURTS
Title 255—LOCAL COURT RULES
DELAWARE COUNTY
Local Rule of Criminal Procedure 507A; Misc. No. 5 of 2018
[48 Pa.B. 975]
[Saturday, February 17, 2018]
Order And Now, this 26th day of January, 2018, 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
KEVIN F. KELLY,
President JudgeRule 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 3124.2; 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, and the attorney for the Commonwealth shall maintain a record of the written notice.
[Pa.B. Doc. No. 18-242. Filed for public inspection February 16, 2018, 9:00 a.m.]
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