THE COURTS

Title 255—LOCAL COURT RULES

LEHIGH COUNTY

Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth; No. 33 AD 2019

[50 Pa.B. 200]
[Saturday, January 11, 2020]

Administrative Order

 And Now this 17th day of December, 2019, It Is Hereby Ordered, that local rule for Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth in the 31st Judicial District comprised of Lehigh County be, and the same is, hereby amended:

 The District Attorney of Lehigh County having filed a certification pursuant to Pa.R.Crim.P. 507:

1. Enumerated Offenses.

 Criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging one or more of the following offenses shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing:

 a. Criminal Homicide—18 Pa.C.S. § 2501
Murder of any degree—18 Pa.C.S. § 2502
Voluntary Manslaughter—18 Pa.C.S. § 2503
Involuntary Manslaughter—18 Pa.C.S. § 2504
Drug Delivery Resulting in Death—18 Pa.C.S. § 2506
Criminal Homicide of Law Enforcement Officer—
 18 Pa.C.S. § 2507
Criminal Homicide of Unborn Child—18 Pa.C.S § 2604
Voluntary Manslaughter of Unborn Child—
 18 Pa.C.S. § 2605

 b. Aggravated Assault—18 Pa.C.S. § 2702
Assault by Prisoner—18 Pa.C.S. § 2703
Assault by Life Prisoner—18 Pa.C.S. § 2704
Recklessly Endangering Another Person—18 Pa.C.S. § 2705
Discharge of a Firearm into an Occupied Struc-
 ture—18 Pa.C.S. § 2707.1
Stalking—18 Pa.C.S. § 2709.1
Ethnic Intimidation—18 Pa.C.S. § 2710
Neglect of Care-Dependent Person—18 Pa.C.S. § 2713
Abuse of Care-Dependent Person—18 Pa.C.S. § 2713.1
Weapons of Mass Destruction—18 Pa.C.S. § 2716
Strangulation—18 Pa.C.S. § 2718

 c. Aggravated Hazing—18 Pa.C.S. § 2803

 d. Kidnapping—18 Pa.C.S. § 2901

 e. Trafficking in Individuals—18 Pa.C.S. § 3011

 f. Rape—18 Pa.C.S. § 3121
Statutory Sexual Assault—18 Pa.C.S. § 3122
Involuntary Deviate Sexual Intercourse—18 Pa.C.S. § 3123
Sexual Assault—18 Pa.C.S. § 3124.1
Institutional Sexual Assault—18 Pa.C.S. § 3124.2
Sexual Assault by Sports Official, Volunteer or Em-
 ployee of Non-Profit Association—18 Pa.C.S. § 3124.3
Aggravated Indecent Assault—18 Pa.C.S. § 3125

 g. Arson—18 Pa.C.S. § 3301
Causing or Risking a Catastrophe—18 Pa.C.S. § 3302

 h. Burglary—18 Pa.C.S. § 3502

 i. Robbery—18 Pa.C.S. § 3701
Robbery of Motor Vehicle 18 Pa.C.S. § 3702

 j. Theft and Receiving Stolen Property (firearms)—
 18 Pa.C.S. § 3903(a)(2) and (a.1)

 k. Endangering Welfare of Children—18 Pa.C.S. § 4304

 l. Bribery in Official and Political Matters—18 Pa.C.S. § 4701
Threats and Other Improper Influences in Official and Political Matters—18 Pa.C.S. § 4702

 m. Perjury—18 Pa.C.S. § 4902

 n. Hindering Apprehension or Prosecution—18 Pa.C.S. § 5105

 o. Abuse of Corpse—18 Pa.C.S. § 5510
Aggravated Cruelty to Animal—18 Pa.C.S. § 5534

 p. Interception, Disclosure or Use of Wire, Electronic or Oral Communications—18 Pa.C.S. § 5703

 q. Person Not to Possess Firearm—18 Pa.C.S. § 6105
Firearms Not to be Carried Without a License—
 18 Pa.C.S. § 6106
Possession of Firearm by a Minor—18 Pa.C.S. § 6110.1
Possession of Firearm with Altered Manufacturer's Number—18 Pa.C.S. § 6110.2
Possession of Firearm with Altered Serial Num-
 ber—18 Pa.C.S. § 6110.2
Certain Bullets Prohibited—18 Pa.C.S. § 6121

 r. Corruption of Minors—18 Pa.C.S. § 6301
Sexual abuse of children—18 Pa.C.S. § 6312
Unlawful Contact with Minor—18 Pa.C.S. § 6318
Sexual Exploitation of Children—18 Pa.C.S. § 6320
Transmission of Sexually Explicit Images by Mi-
 nor—18 Pa.C.S. § 6321

 s. Election code violations 25 Pa.C.S. (all offenses)

 t. Controlled substance, drug device and cosmetic act 35 P.S. § 780-113 (all felonies)

 u. Homicide by vehicle—75 Pa.C.S. § 3732
Aggravated Assault by Vehicle—75 Pa.C.S. § 3732.1
Homicide by vehicle while driving under influ-
 ence—75 Pa.C.S § 3735
Aggravated Assault by Vehicle while driving under the influence—75 Pa.C.S. § 3735.1
Accidents involving death or serious bodily in-
 jury—75 Pa.C.S. § 3742(b)(2) and (3)

 v. Criminal attempt to commit any of the above of-
 fenses—18 Pa.C.S. § 901
Criminal solicitation to commit any of the above offenses—18 Pa.C.S. § 902
Criminal conspiracy to commit any of the above offenses—18 Pa.C.S. § 903
 

 w. Any offense which is not a ''delinquent act'' as defined in Section 6302(2)(i), (ii) and (iii) of the Juvenile Act, 42 Pa.C.S. § 6302(2)(i), (ii) and (iii)¹ .

2. Re-Arrests and Refilings.

 Police criminal complaints or arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing where the complaint or arrest warrant are for the rearrest of a defendant previously discharged, or to reinstitute a charge or charges previously dismissed by an issuing authority for failure to prove a prima facie case, provided the current and the former cases arise out of the same criminal episode.

3. Arrest Warrant Affidavits Requiring Sealing.

 Arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the arrest warrant affidavit has the approval of an attorney for the Commonwealth prior to filing in any case where the affidavit contains information, the disclosure of which, in the opinion of the police, would endanger the safety of an informant, jeopardize the integrity of an ongoing criminal investigation, or which for any other reason should not be disclosed at or about the time of the execution of the warrants. The judicial officer shall ask the police, prior to accepting an affidavit, whether it contains any such information, and if the police indicate it does, the judicial officer shall require that it be submitted to an attorney for the Commonwealth for approval in accordance with this Rule. If the police indicate it does not, the judicial officer shall accept the affidavit.

 It Is Ordered that this Administrative Order shall be effective thirty (30) days after publication thereof in the Pennsylvania Bulletin.

 It Is Further Ordered that in accordance with Pa.R.Crim.P. 105, the Court Administrator of Lehigh County shall:

 (a) File one (1) certified copy hereof with the Administrative Office of the Pennsylvania Courts;

 (b) Distribute two (2) certified copies hereof and one (1) CD-Rom copy that complies with the requirements of Pa. Code § 13.11(b), with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin;

 (c) Incorporate a copy hereof in the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin;

 (d) Publish a copy hereof on the website of the Court of Common Pleas of Lehigh County, Pennsylvania at: https://www.lccpa.org/rules.nex;

 (e) Supervise the distribution hereof to all Judges of this Court.

By the Court

ROBERT L. STEINBERG, 
Acting President Judge

Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth;
No. AD 2019

TO THE HONORABLE, THE PRESIDENT JUDGE OF SAID COURT:

 The Petition of James B. Martin, District Attorney of Lehigh County respectfully represents that:

 1. Upon certification filed by the District Attorney of Lehigh County, in 2002, Administrative Order 2002-1971 amended Local Rule 507 and set forth the criminal offenses that require approval by the Attorney for the Commonwealth prior to acceptance by any judicial officer of a criminal complaint and/or arrest warrant charging one of the enumerated offenses.

 2. Pursuant to Pa.R.Crim.P. 507, the District Attorney of Lehigh County certifies that Local Rule 507 shall be amended to include the following enumerated offenses:

Criminal Homicide—18 Pa.C.S. § 2501
Murder of any degree—18 Pa.C.S. § 2502
Voluntary Manslaughter—18 Pa.C.S. § 2503
Involuntary Manslaughter—18 Pa.C.S. § 2504
Drug Delivery Resulting in Death—18 Pa.C.S. § 2506
Criminal Homicide of Law Enforcement Officer—
 18 Pa.C.S. § 2507
Criminal Homicide of Unborn Child—18 Pa.C.S § 2604
Voluntary Manslaughter of Unborn Child—18 Pa.C.S. § 2605

Aggravated Assault—18 Pa.C.S. § 2702
Assault by Prisoner—18 Pa.C.S. § 2703
Assault by Life Prisoner—18 Pa.C.S. § 2704
Recklessly Endangering Another Person—18 Pa.C.S. § 2705
Discharge of a Firearm into an Occupied Structure—
 18 Pa.C.S. § 2707.1
Stalking—18 Pa.C.S. § 2709.1
Ethnic Intimidation—18 Pa.C.S. § 2710
Neglect of Care-Dependent Person—18 Pa.C.S. § 2713
Abuse of Care-Dependent Person—18 Pa.C.S. § 2713.1
Weapons of Mass Destruction—18 Pa.C.S. § 2716
Strangulation—18 Pa.C.S. § 2718

Aggravated Hazing—18 Pa.C.S. § 2803

Kidnapping—18 Pa.C.S. § 2901

Trafficking in Individuals—18 Pa.C.S. § 3011

Rape—18 Pa.C.S. § 3121
Statutory Sexual Assault—18 Pa.C.S. § 3122
Involuntary Deviate Sexual Intercourse—18 Pa.C.S. § 3123
Sexual Assault—18 Pa.C.S. § 3124.1
Institutional Sexual Assault—18 Pa.C.S. § 3124.2
Sexual Assault by Sports Official, Volunteer or Em-
 ployee of Non-Profit Association—18 Pa.C.S. § 3124.3
Aggravated Indecent Assault—18 Pa.C.S. § 3125

Arson—18 Pa.C.S. § 3301
Causing or Risking a Catastrophe—18 Pa.C.S. § 3302

Burglary—18 Pa.C.S. § 3502

Robbery—18 Pa.C.S. § 3701
Robbery of Motor Vehicle—18 Pa.C.S. § 3702

Theft and Receiving Stolen Property (firearms)—
 18 Pa.C.S. § 3903(a)(2) and (a.1)

Endangering Welfare of Children—18 Pa.C.S. § 4304

Bribery in Official and Political Matters—18 Pa.C.S. § 4701
Threats and Other Improper Influences in Official and Political Matters—18 Pa.C.S. § 4702

Perjury—18 Pa.C.S. § 4902

Hindering Apprehension or Prosecution—18 Pa.C.S. § 5105

Abuse of Corpse—18 Pa.C.S. § 5510
Aggravated Cruelty to Animal—18 Pa.C.S. § 5534

Interception, Disclosure or Use of Wire, Electronic or Oral Communications—18 Pa.C.S. § 5703

Person Not to Possess Firearm—18 Pa.C.S. § 6105
Firearms Not to be Carried Without a License—
 18 Pa.C.S. § 6106
Possession of Firearm by a Minor—18 Pa.C.S. § 6110.1
Possession of Firearm with Altered Manufacturer's Number—18 Pa.C.S. § 6110.2
Possession of Firearm with Altered Serial Number—
 18 Pa.C.S. § 6110.2
Sale of Transfer of Firearms—18 Pa.C.S. § 6111
Certain Bullets Prohibited—18 Pa.C.S. § 6121

Corruption of Minors—18 Pa.C.S. § 6301
Sexual abuse of children—18 Pa.C.S. § 6312
Unlawful Contact with Minor—18 Pa.C.S. § 6318
Sexual Exploitation of Children—18 Pa.C.S. § 6320
Transmission of Sexually Explicit Images by Minor—
 18 Pa.C.S. § 6321

Election code violations 25 Pa.C.S. (all offenses)

Controlled substance, drug device and cosmetic act
35 P.S. § 780-113 (all felonies)

Homicide by vehicle—75 Pa.C.S. § 3732
Aggravated Assault by Vehicle—75 Pa.C.S. § 3732.1
Homicide by vehicle while driving under influence—
 75 Pa.C.S § 3735
Aggravated Assault by Vehicle while driving under the
influence—75 Pa.C.S. § 3735.1
Accidents involving death or serious bodily injury—
 75 Pa.C.S. § 3742(b)(2) and (3)

Criminal attempt to commit any of the above of-
 fenses—18 Pa.C.S. § 901
Criminal solicitation to commit any of the above of-
 fenses—18 Pa.C.S. § 902
Criminal conspiracy to commit any of the above of-
 fenses—18 Pa.C.S. § 903

Any offense excluded by Section 6302(2)(i), (ii) and (iii) of the Juvenile Act, 42 Pa.C.S. § 6302(2)(i), (ii) and (iii), from the definition of a ''delinquent act.''

 Wherefore, your Petitioner, James B. Martin, District Attorney, respectfully certifies that criminal complaints and arrest warrant affidavits charging one or more of the aforementioned offenses shall not be accepted by any judicial officers unless the complaint and/or affidavit has the approval of an attorney for the Commonwealth prior to filing and prays that Your Honorable Court amend Local Rule 507 accordingly.

Respectfully submitted,

JAMES B. MARTIN
District Attorney
455 West Hamilton Street
Allentown, PA 18101
I.D. # 16576

[Pa.B. Doc. No. 20-40. Filed for public inspection January 10, 2020, 9:00 a.m.]

_______

¹  The term [''delinquent act''] shall not include: (i) The crime of murder. (ii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct, and a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used during the commission of the offense, which, if committed by an adult, would be classified as: (A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). (B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). (C) Aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault). (D) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(I), (ii) or (iii) (relating to robbery). (E) Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). (F) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault). (G) Kidnapping as defined in 18 Pa.C.S. § 2901 (relating to kidnapping). (H) Involuntary manslaughter. (I) An attempt, conspiracy or solicitation to commit murder or any of these crimes, as provided in 18 Pa.C.S. §§ 901 (relating to criminal attempt), 902 (relating to criminal Rev. 7/2018 solicitation) and 903 (relating to criminal conspiracy). (iii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct, and has been previously adjudicated delinquent of any of the following prohibited conduct, which, if committed by an adult, would be classified as: (A) Rape as defined in 18 Pa.C.S. § 3121. (B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123. (C) Robbery as defined in 18 Pa.C.S. § 3701(a)(1)(I), (ii) or (iii). (D) Robbery of motor vehicle as defined in 18 Pa.C.S. § 3702. (E) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125. (F) Kidnapping as defined in 18 Pa.C.S. § 2901. (G) Voluntary manslaughter. (H) An attempt, conspiracy or solicitation to commit murder or any of these crimes as provided in 18 Pa.C.S. §§ 901, 902 and 903.

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