THE COURTS
Title 234--RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
[234 PA. CODE CHS. 50 AND 100]
Revision of the Comments to Rules 51, 55 and 101; No. 203; Doc. No. 2
[26 Pa.B. 436]
Order Per Curiam:
Now, this 16th day of January, 1996, upon the recommendation of the Criminal Procedural Rules Committee, this proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a)(3), and an explanatory Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the Comments to Pa.Rs.Crim.P. 51, 55, and 101, as revised in the following form, are hereby approved.
This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.
The Criminal Procedural Rules Committee has prepared a Report explaining the January 16, 1996 revisions of the Comments to Rules of Criminal Procedure 51 (Means of Instituting Proceedings in Summary Cases), 55 (Issuance of Citation), and 101 (Means of Instituting Proceedings in Court Cases), which are the subject of the following Order. The Report follows the Court's Order.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
PART I. GENERAL
CHAPTER 50. PROCEDURE IN SUMMARY CASES
PART I. INSTITUTING PROCEEDINGS Rule 51. Means of Instituting Proceedings in Summary Cases.
* * * * * Official Note: Previous Rule 51, adopted January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; Comment revised December 15, 1983, effective January 1, 1984; rescinded July 12, 1985; effective January 1, 1986; and replaced by present Rules 3 [(0)], 51, 52, 55, 60, 65, 70, 75, and 95. Present Rule 51 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; Comment revised January 31, 1991, effective July 1, 1991; Comment revised January 16, 1996, effective immediately.
Comment [This rule is derived from previous Rule 51A.] This rule establishes the means of instituting criminal proceedings in summary cases. For general citation procedures, see Part II, Rules 52 and 53.
* * * * * Summary cases are cases in which all the offenses charged are either summary offenses, as defined in the Crimes Code, 18 Pa.C.S. § 106(c) [(1983)], or violations of ordinances for which imprisonment may be imposed upon conviction or upon failure to pay a fine or penalty. See Rule 3. Criminal proceedings in summary cases are to be brought under this chapter of the rules. If one or more of the offenses charged is a misdemeanor, felony, or murder, the case is a court case (see Rule 3) and proceeds under Chapter 100 of the rules. Any summary offenses in such a case, if known at the time, must be charged in the same complaint as the higher offenses and must be disposed of as part of the court case. See Crimes Code § 110, 18 Pa.C.S. § 110, and Commonwealth v. Campana, [452 Pa. 233,] 304 A.2d 432 (Pa. 1973), vacated and remanded, 414 U. S. 808 (1973), on remand, [455 Pa. 622,] 314 A.2d 854 (Pa. 1974) [, and Grady v. Corbin, 110 S. Ct. 2084 (1990)]. But see Commonwealth v. Beatty, [500 Pa. 284,] 455 A.2d 1194 (Pa. 1983), [with regard to] concerning summary violations of the Vehicle Code.
The summary case rules are not intended to prohibit or to suspend any acknowledgment of guilt procedures that may be specifically authorized by statute. See, e.g., Section 926 of the Game and Wildlife Code, 34 Pa.C.S. § 926, and Section 925 of the Fish and Boat Code, 30 Pa.C.S. § 925. Furthermore, the use of a field acknowledgment of guilt pursuant to 34 Pa.C.S. § 926 or 30 Pa.C.S. § 925 should not be construed as the issuance of a citation for the purpose of instituting a summary case under these rules. See [also] Rules [56] 55 and 60.
The Rules of Criminal Procedure generally do not apply to juvenile proceedings, but these rules do apply to proceedings in summary cases involving juveniles to the extent that the Juvenile Act does not apply to such proceedings. See, e.g., Juvenile Act §§ 6302--6303, 42 Pa.C.S. §§ 6302--6303; Vehicle Code § 6303, 75 Pa.C.S. § 6303. See also 42 Pa.C.S. § 1515(a)(1) and 6303(a)(5) concerning jurisdiction of summary offenses arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed.
See [Section 1 of Act 9 of 1990, effective April 14, 1990, adding] Section 1522 to the Judicial Code, 42 Pa.C.S. § 1522, concerning parental notification in certain summary cases involving juveniles.
* * * * * Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 [Pa. Bull.] Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 [Pa. Bull.] Pa.B. 621 (February 16, 1991).
Report explaining the January 16, 1996 Comment revisions published with the Court's Order at 26 Pa.B. 437 (February 3, 1996).
PART IIA. PROCEDURES WHEN CITATION IS ISSUED TO DEFENDANT Rule 55. Issuance of Citation.
* * * * * Official Note: Previous rule, originally numbered Rule 135, adopted January 31, 1970, effective May 1, 1970; renumbered [as] Rule 55 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 58. Present Rule 55 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; Comment revised February 11, 1989, effective July 1, 1989; Comment revised January 16, 1996, effective immediately.
Comment [This rule is derived from previous Rule 51A, subparagraphs (1)(a) and (3)(a).]
A law enforcement officer may issue a citation based upon information that the defendant has committed a summary violation, which information may be received from a personal observation of the commission of the offense; a witness; another police officer; investigation; or speed-timing equipment, including radar. Contrast Commonwealth v. Hatfield, [307 Pa. Super. 454,] 453 A.2d 671 (Pa. Super. 1982), decided before the adoption of previous Rule 70 (Defects in Form, Content, or Procedure--Summary Cases) and the 1983 revision of the previous Comment.
It is preferable that a law enforcement officer making a stop for a traffic violation be in uniform.
The use of a [citation for a] field acknowledgment of guilt pursuant to Section 926 of [The] the Game and Wildlife Code, [(] 34 Pa.C.S. § 926, [(Supp. 1988))] and Section 925 of the Fish and Boat Code. [(] 30 Pa.C.S. § 925, [(Supp. 1988))] should not be construed as [an] the issuance of a citation for the purpose of instituting a summary case under these rules. See Rule 60.
Committee Explanatory Reports:
Report explaining the January 16, 1996 Comment revisions published with the Court's Order at 26 Pa.B. 437 (February 3, 1996).
CHAPTER 100. PROCEDURE IN COURT CASES Rule 101. Means of Instituting Proceedings in Court Cases.
* * * * * Official Note: Original Rule 102(1), (2), and (3), adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970. New Rule 102 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 101, and made applicable to court cases only, September 18, 1973, effective January 1, 1974; Comment revised February 15, 1974, effective immediately; amended June 30, 1975, effective September 1, 1975; Comment amended January 4, 1979, effective January 9, 1979; paragraph (1) amended October 22, 1981, effective January 1, 1982; Comment revised July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; Comment revised January 31, 1991, effective July 1, 1991; Comment revised August 12, 1993, effective September 1, 1993; amended August 9, 1994, effective January 1, 1995; Comment revised January 16, 1996, effective immediately.
Comment * * * * * There are only a few exceptions to this rule regarding the instituting of criminal proceedings in court cases. There are, for example, special proceedings involving a coroner or medical examiner. See Commonwealth v. Lopinson, [427 Pa. 284,] 234 A.2d 552 (Pa. 1967), and Commonwealth v. Smouse, [406 Pa. Super. 369,] 594 A.2d 666 (Pa. Super. 1991).
Whenever a misdemeanor or felony is charged, even if a summary offense is also charged in the same complaint, the case should proceed as a court case under Chapter 100. See Commonwealth v. Campana, [452 Pa. 233,] 304 A.2d 432 (Pa. 1973). [See also Grady v. Corbin, 495 U. S. 908 (1990).]
* * * * * Committee Explanatory Reports:
Report explaining the January 31, 1991 amendments published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Report explaining the August 12, 1993 Comment revisions published at 22 Pa.B. 3826 (July 25, 1992).
Report explaining the August 9, 1994 amendments published at 22 Pa.B. 6 (January 4, 1993); Final Report published with the Court's Order at 24 Pa.B. 4342 (August 27, 1994).
Report explaining the January 16, 1996 Comment revisions published with the Court's Order at 26 Pa.B. 437 (February 3, 1996).
REPORT
Revision of the Comments to Rules 51, 55, and 101
Field Acknowledgments of Guilt; Jurisdiction of Summary Offenses in Juvenile Cases; Grady v. Corbin On January 16, 1996, upon the recommendation of the Criminal Procedural Rules Committee, the Court approved the revision of the Comments to Rules of Criminal Procedure 51 (Means of Instituting Proceedings in Summary Cases), 55 (Issuance of Citation), and 101 (Means of Instituting Proceedings in Court Cases). These ''housekeeping'' revisions were submitted for the Court's approval without prepublication. The revisions update the Comments:
(1) by recognizing that the statutorily authorized field acknowledgment of guilt used by both the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission is a separate document from the criminal citation;
2) by including in the Rule 51 Comment a citation to Section 6303(a)(5) of the Juvenile Act, 42 Pa.C.S. § 6303(a)(5), and Section 1515(a)(1) of the Judicial Code, 42 Pa.C.S. § 1515(a)(1), concerning the jurisdiction of summary offenses arising out of the same episode or transaction involving a delinquent act; and
(3) by deleting from the Comments to Rules 51 and 101 the citation to Grady v. Corbin, 495 U. S. 908 (1990), which has been expressly overruled in United States v. Dixon, 509 U. S. ____ (1993).
These revisions are effective immediately.
This Report highlights the Committee's considerations in formulating its recommendation.11
Discussion
1) Field Acknowledgments of Guilt
It recently came to the Committee's attention that the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission are no longer using the preprinted criminal citation form as the field acknowledgment of guilt. See 30 Pa.C.S. § 925 and 34 Pa.C.S. § 926 for the statutory authority to use field acknowledgments of guilt. To avoid confusion about the function of the field acknowledgment as it relates to the institution of criminal proceedings by citation, the Commissions developed a separate form for the field acknowledgment of guilt. In view of this, the present Rule 55 Comment is outdated and misleading, and has been revised to reflect this change in the forms.
When the Committee reviewed the other summary case rules to see if any of them needed similar changes, we looked at Rule 51 (Means of Instituting Proceedings in Summary Cases). Because Rule 51 deals generally with instituting summary criminal proceedings, the Committee agreed that the Rule 51 Comment should be revised to make it clear that the field acknowledgment is not a citation for purposes of instituting a summary criminal proceeding under the rules.
2) Juvenile Cases
The Committee has been monitoring the recent legislation related to criminal practice which impacts on the Criminal Rules. On March 31, 1995, the Governor signed Act No. 1995-9 (SS1), which amends Section 1515(a)(1) of the Judicial Code, 42 Pa.C.S. § 1515(a)(1), and Section 6303(a)(5) of the Juvenile Act, 42 Pa.C.S. § 6303(a)(5), to vest jurisdiction in the Juvenile Court over proceedings in which a child is charged with a summary offense arising out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed under the Juvenile Act. In view of this statutory change, we agreed that the Rule 51 Comment provision concerning the application of the Criminal Rules to juveniles should be updated to reflect these recent amendments.
3) Grady v. Corbin
Since we were already making ''housekeeping'' revisions to the Rule 51 Comment, the Committee agreed that the citation to Grady v. Corbin, 495 U. S. 908 (1990), should be deleted from the paragraph discussing Section 110 of the Crimes Code, 18 Pa.C.S. § 110, and Commonwealth v. Campana, 304 A.2d 432 (Pa. 1973) because Grady has been expressly overruled in United States v. Dixon, 509 U. S. ____ (1993). For the same reason, we also deleted the reference to Grady in the Rule 101 Comment.
[Pa.B. Doc. No. 96-133. Filed for public inspection February 2, 1996, 9:00 a.m.] _______
1 Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. In addition, the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
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