THE COURTS
Title 234--RULES OF
CRIMINAL PROCEDURE
[234 PA. CODE CH. 50]
Proposed Amendments Relating to Procedures in Summary Cases
[30 Pa.B. 5527]
Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Pa.Rs.Crim.P. 53 and 76, and approve the revisions of the Comments to Pa.Rs.Crim.P. 51, 59, 64, 69, 75, 83, and 84. These rule changes clarify the procedures in summary cases when the defendant is a juvenile and make other correlative and conforming changes. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Report should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed rule changes precedes the Report.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, P. O. Box 1325, Doylestown, PA 18901, no later than Monday, November 27, 2000.
By the Criminal Procedural Rules Committee
J. MICHAEL EAKIN,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 50. PROCEDURE IN SUMMARY CASES
PART I. INSTITUTING PROCEEDINGS Rule 51. Means of Instituting Proceedings in Summary Cases.1
* * * * * 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Comment revised January 28, 1983, effective July 1, 1983; Comment revised December 15, 1983, effective January 1, 1984; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rules 3, 51, 52, 55, 60, 65, 70, 75, and 95.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 revised June 6, 1997, effective immediately; renumbered Rule 400 and amended March 1, 2000, effective April 1, 2001; Comment revised _____ , 2000, effective _____ , 2000.
Comment * * * * * For general procedures applicable in all summary cases, see Chapter 4 Part E, Rules 80, 81, 82, 83, 84, 85, 87, and 90.2
For the procedures for appealing to the court of common pleas for a trial de novo, see Chapter 4 Part F, Rule 86.3
* * * * * 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, and 6326; 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.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revision concerning the citation to the Juvenile Act published at 30 Pa.B. 5531 (October 28, 2000).
PART II. CITATION PROCEDURES Rule 53. Contents of Citation.4
* * * * * (B) The copy delivered to the defendant shall also contain a notice to the defendant:
* * * * * (4) that failure to respond to the citation as provided above within the time specified:
(a) shall result in the issuance of a summons when a violation of an ordinance or any parking offense is charged, or when the defendant is a juvenile, and in all other cases shall result in the issuance of a warrant for the arrest of the defendant; and
* * * * * Official Note: Previous rule, originally numbered Rule 133(a) and Rule 133(b), adopted January 31, 1970, effective May 1, 1970; renumbered Rule 53(a) and 53(b) September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present Rule 53 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended February 1, 1989, effective as to cases instituted on or after July 1, 1989; amended January 31, 1991, effective July 1, 1991; amended June 3, 1993, effective as to new citations printed on or after July 1, 1994; amended July 25, 1994, effective January 1, 1995; renumbered Rule 403 and Comment revised March 1, 2000, effective April 1, 2001; amended March 3, 2000, effective July 1, 2000; amended _____ , 2000, effective _____ , 2000.
Comment * * * * * Paragraph (B)(4)(a) provides notice to the defendant who is a juvenile that a summons will be issued if the defendant fails to respond to the citation.
Paragraph (B)(4)(b) provides notice to the defendant that his or her license will be suspended if the defendant fails to respond to the citation or summons within the time specified in the rules. See 75 Pa.C.S. § 1533.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Final Report explaining the March 3, 2000 amendments concerning appeals from guilty pleas published with the Court's Order at 30 Pa.B. 1509 (March 18, 2000).
Report explaining the proposed amendments concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
PART IIA. PROCEDURES WHEN CITATION IS ISSUED TO DEFENDANT Rule 59. Guilty Pleas.5
* * * * * Official Note: Previous Rule 59 adopted September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 75. Present Rule 59 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 409 and amended March 1, 2000, effective April 1, 2001; Comment revised _____ , 2000, effective _____ , 2000.
Comment Nothing is this rule is intended to require that an issuing authority should proceed as provided in paragraph (C) when the defendant returns the written guilty plea and fine and costs in person to the issuing authority's office pursuant to paragraphs (A)(1) and (B). The issuing authority's staff should record receipt of the plea and monies in the same manner as those received by mail.
When the defendant is a juvenile and appears as provided in paragraph (C), if there is a likelihood of imprisonment, the issuing authority should forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revisions concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
PART IIB. PROCEDURES WHEN CITATION FILED Rule 64. Guilty Pleas.6
* * * * * Official Note: Previous rule, originally numbered Rule 136, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 64 September 18, 1973, effective January 1, 1974; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 84. Present Rule 64 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 414 and amended March 1, 2000, effective April 1, 2001; Comment revised ______ , 2000, effective _____ , 2000.
Comment * * * * * Nothing is this rule is intended to require that an issuing authority should proceed as provided in paragraph (C) when the defendant returns the written guilty plea and fine and costs in person to the issuing authority's office pursuant to paragraphs (A)(1) and (B). The issuing authority's staff should record receipt of the plea and monies in the same manner as those received by mail.
When the defendant is a juvenile and appears as provided in paragraph (C), if there is a likelihood of imprisonment, the issuing authority should forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revisions concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
PART III. PROCEDURES IN SUMMARY CASES WHEN COMPLAINT FILED Rule 69. Guilty Pleas.7
* * * * * Official Note: Previous rule, originally numbered Rule 140, adopted January 31, 1970, effective May 1, 1970; renumbered Rule 69 September 18, 1973, effective January 1, 1974; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present Rule 69 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986. The January 1, 1986 effective dates are all extended to July 1, 1986; amended May 28, 1987, effective July 1, 1987; amended January 31, 1991, effective July 1, 1991; renumbered Rule 424 and amended March 1, 2000, effective April 1, 2001; Comment revised ______ , 2000, effective _____ , 2000.
Comment * * * * * Nothing in this rule is intended to require that an issuing authority should proceed as provided in paragraph (C) when the defendant returns the written guilty plea and fine and costs in person to the issuing authority's office pursuant to paragraphs (A)(1) and (B). The issuing authority's staff should record receipt of the plea and monies in the same manner as those received by mail.
When the defendant is a juvenile and appears as provided in paragraph (C), if there is a likelihood of imprisonment, the issuing authority should forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revisions concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
PART V. PROCEDURES REGARDING ARREST WARRANTS IN SUMMARY CASES Rule 75. Issuance of Arrest Warrant.8
* * * * * Official Note: Rule 75 [Adopted] adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended January 31, 1991, effective July 1, 1991; amended April 18, 1997, effective July 1, 1997; amended October 1, 1997, effective October 1, 1998; amended July 2, 1999, effective August 1, 1999; renumbered Rule 430 and amended March 1, 2000, effective April 1, 2001; Comment revised ______ , 2000, effective _____ , 2000.
Comment Personal service of a citation under paragraph [(1)(a)](A)(1) is intended to include the issuing of a citation to a defendant as provided in Rule 51[(a)](A) and the rules of [Part II A] Chapter 4, Part B(1).9
When the defendant is a juvenile, and the defendant has failed to respond to the citation, the issuing authority should issue a summons as provided in Rule 53(B)(4)(a). If the juvenile fails to respond to the summons, the issuing authority should issue an arrest warrant as provided in paragraph (A)(1) and (2).
* * * * * When the defendant is a juvenile and has not paid the fine and costs, the issuing authority may not issue a warrant, but should issue the notice required by paragraph (D) to the juvenile and the juvenile's parents, guardian, or other custodian. The notice should inform the defendant and defendant's parents, guardian, or other custodian that, in lieu of a warrant of arrest as permitted by the rules, if payment is not received or the defendant does not appear within the 10-day time period, the issuing authority will provide notice of the failure to pay to the court of common pleas as required by the Juvenile Act, 42 Pa.C.S. § 6302, definition of ''delinquent act,'' paragraph (2)(iv).
When contempt proceedings are also involved, see Chapter 1 Part D for the issuance of arrest warrants.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revisions concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
Rule 76. Procedure When Defendant Arrested with Warrant.10
* * * * * (D) When the defendant is taken before the issuing authority under paragraph (B)(4),
(1) the defendant shall enter a plea; and
(2) if the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the defendant shall be given an immediate trial unless:
[(1)] (a) the Commonwealth is not ready to proceed, or the defendant requests a postponement or is not capable of proceeding, [in which event] and in any of these circumstances, the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial;
[(2)] (b) ***
[(3)] (c) ***
(3) If the defendant is a juvenile and cannot be given an immediate trial, the issuing authority promptly shall notify the defendant and defendant's parents, guardian, or other custodian of the date set for the summary trial, and shall release the defendant on his or her own recognizance.
Official Note: Rule 76 [[Adopted] adopted July 12, 1985, effective January 1, 1986; Comment revised September 23, 1985, effective January 1, 1986; January 1, 1986 effective dates extended to July 1, 1986; Comment revised January 31, 1991, effective July 1, 1991; amended August 9, 1994, effective January 1, 1995; amended October 1, 1997, effective October 1, 1998; amended July 2, 1999, effective August 1, 1999; renumbered Rule 431 and amended March 1, 2000, effective April 1, 2001; amended ______ , 2000, effective _____ , 2000.
Comment * * * * * Delay of trial under paragraph (D)[(1)] (2)(b) is required by statutes such as 18 Pa.C.S. § 3929 (pretrial fingerprinting and record-ascertainment requirements).
Although the defendant's trial may be delayed under this rule, the requirement that an arrested defendant be taken without unnecessary delay before the proper issuing authority remains unaffected.
In cases in which the juvenile has failed to ''comply with a lawful sentence'' imposed by the issuing authority, the Juvenile Act requires the issuing authority to certify notice of the failure to comply to the court of common pleas. See the definition of ''delinquent act,'' paragraph (2)(iv), in 42 Pa.C.S. § 6302.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed amendments concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
PART VI. GENERAL PROCEDURES IN SUMMARY CASES Rule 83. Trial in Summary Cases.11
* * * * * Official Note: Rule 83 adopted July 12, 1985, effective January 1, 1986; amended September 23, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended February 2, 1989, effective March 1, 1989; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; Comment revised April 18, 1997, effective July 1, 1997; amended October 1, 1997, effective October 1, 1998; Comment revised February 13, 1998, effective July 1, 1998; renumbered Rule 454 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised _____ , 2000, effective _____ , 2000.
Comment * * * * * Although the scheduling of summary trials is left by the rules to the discretion of the issuing authority, it is intended that trial will be scheduled promptly upon receipt of a defendant's plea or promptly after a defendant's arrest. When a defendant is incarcerated pending a summary trial, it is incumbent upon the issuing authority to schedule trial for the earliest possible time.
When the defendant is a juvenile, if there is a likelihood of imprisonment, the issuing authority should not conduct the trial, but should forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revisions concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
Rule 84. Trial in Defendant's Absence.12
* * * * * Official Note: Rule 84 [Adopted] adopted July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; amended February 1, 1989, effective July 1, 1989; amended April 18, 1997, effective July 1, 1997; [27 Pa.B. 2116] amended October 1, 1997, effective October 1, 1998; renumbered Rule 455 and Comment revised March 1, 2000, effective April 1, 2001; Comment revised _____ , 2000, effective _____ , 2000.
Comment In those cases in which the issuing authority determines that there is a likelihood that the sentence will be imprisonment or that there is other good cause not to conduct the trial in the defendant's absence, the issuing authority may issue a warrant for the arrest of the defendant in order to have the defendant brought before the issuing authority for the summary trial. See Rule 75(B).13 The trial would then be conducted with the defendant present as provided in these rules. See Rule 83.14
When the defendant is a juvenile, if there is a likelihood of imprisonment, the issuing authority should not conduct the trial, but should forward the case to the court of common pleas for disposition. See the Juvenile Act, 42 Pa.C.S. §§ 6302 and 6303.
* * * * * Committee Explanatory Reports:
* * * * * Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1478 (March 18, 2000).
Report explaining the proposed Comment revisions concerning summary case procedures in cases involving juveniles published at 30 Pa.B. 5531 (October 28, 2000).
REPORT
Proposed Amendments to Pa.Rs.Crim.P. 53 and 76, and Revisions of the Comments to Pa.Rs.Crim.P. 51, 59, 64, 69, 75, 83, and 84
Summary Case Procedures When Defendant is a Juvenile I. Background
One area of criminal practice that continues to be a source of confusion concerns the handling of summary cases in which the defendant is a juvenile. The Juvenile Act (the Act), 42 Pa.C.S. §§ 6302, 6303, and 6326, only applies to proceedings in summary cases involving juveniles (1) when the summary offense arises out of the same episode or transaction involving a delinquent act for which a petition alleging delinquency is filed and (2) when the defendant has failed to comply with a lawful sentence imposed by the issuing authority. In addition, the Juvenile Act prohibits the detention of juveniles in summary cases and the imposition of a sentence of imprisonment. The summary case rules, however, do not provide procedures when these circumstances occur. For example, the Committee received several inquiries asking whether, when a juvenile defendant fails to respond to a citation, the issuing authority should proceed pursuant to Rule 75 (Issuance of Arrest Warrant) and issue a warrant, and, if such a warrant is issued, how the issuing authority should proceed when the juvenile is apprehended. Others asked whether the issuing authority should issue a warrant or the notice required by Rule 75(D) when a juvenile has failed to pay fines and costs and the fact of the non-compliance is to be certified to the common pleas court.15
The Committee agreed that the minor judiciary, the bar, law enforcement, and the criminal justice system in general would be greatly assisted if the rules were amended to clarify the procedures, particularly when a warrant is issued.
II. Discussion
A. Juvenile Act-Related Changes
The Committee initiated this project by reviewing the Juvenile Act, 42 Pa.C.S. §§ 6301 et seq. As noted in the Comments to Rules 1 and 51, the Criminal Rules apply to proceedings involving juveniles ''only to the extent the Juvenile Act does not vest jurisdiction in the Juvenile Court.'' It is clear from Section 6302 (Definitions), which provides, inter alia:
The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
''DELINQUENT ACT.''
* * * * * (2) The term shall not include:
(iv) Summary offenses, unless the child fails to comply with a lawful sentence imposed thereunder, in which event notice of such fact shall be certified to the court. [''Court'' is defined as court of common pleas.]
that summary cases involving juveniles ordinarily are not within the scope of the Juvenile Act. The confusion the correspondents noted arises because of other provisions of the Act. First, Section 6303 (Scope of Chapter), paragraph (b), provides, inter alia:
(b) Minor Judiciary.--No child shall be detained, committed or sentenced to imprisonment by a district justice or a judge of the minor judiciary unless the child is charged with an act set forth in paragraph (2)(i), (ii), (iii) or (v) of the definition of ''delinquent act'' in Section 6302 (relating to definitions). [Paragraph (2)(i)-(iii) and (v) pertains to murder and the enumerated crimes committed by a defendant 15 years and older that would be tried in adult court.]
Because this provision makes specific reference to the other paragraphs that are excluded from the definition of ''delinquent act,'' but not the paragraph concerning summary offenses, it has been interpreted as meaning that the minor judiciary may not sentence a juvenile in a summary case to imprisonment, nor may they detain these juveniles. How the provision is implemented is one source of confusion.
To further cloud the issue, three sections of the Act address custody and detention. Section 6324 (Taking into custody) provides that a child may be taken into custody (1) pursuant to an order of the court under this chapter and (2) pursuant to the laws of arrest. Section 6325 (Detention of child) provides:
A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless his detention or care is required to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because he has no parent, guardian, or custodian or other person able to provide supervision and care for him and return him to the court when required, or an order for his detention or shelter care has been made by the court pursuant to this chapter.Finally, Section 6326 (Release or delivery to court) provides, inter alia,
(a) General rule--A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:(1) notify the parent, guardian or other custodian of the apprehension of the child and his whereabouts;(2) release the child to his parents, guardian, or other custodian upon their promise to bring the child before the court when requested by the court, unless his detention or shelter care is warranted or required under section 6325 (relating to detention of child); or(3) bring the child before the court or deliver him to a detention or shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment. He shall promptly give written notice, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court.(b) Detention in police lockup generally prohibited --Unless a child taken into custody is alleged to have committed a crime or summary offense or to be in violation of conditions of probation or other supervision following an adjudication of delinquency, the child may not be detained in a municipal police lockup or cell or otherwise held securely within a law enforcement facility or structure which houses an adult lockup.(c) Detention in police lockup under certain circumstances--A child alleged to have committed a crime or summary offense or to be in violation of conditions of probation or other supervision following an adjudication of delinquency may be held securely in a municipal police lockup or other facility which houses an adult lockup only under the following conditions:(1) the secure holding shall only be for the purpose of identification, investigation, processing, releasing or transferring the child to a parent, guardian, other custodian, or juvenile court or county children and youth official, or to a shelter care or juvenile detention center;(2) the secure holding shall be limited to the minimum time necessary to complete the procedures listed in paragraph (1), but in no case may such holding exceed six hours; and(3) if so held, a child must be separated by sight and sound from incarcerated adult offenders and must be under the continuous visual supervision of law enforcement officials or facility staff.After reviewing these provisions of the Act, the Committee considered how the rules could be modified to comport with the provisions of the Act while providing guidance to the minor judiciary, the bar, and law enforcement officers. The first issue addressed was the procedures when the defendant failed to comply with a lawful sentence. Rule 75(C) provides for an arrest warrant when a defendant fails to pay the fines and costs. Rule 75(D) provides for a notice to the defendant before the warrant is issued for failure to pay.16 This notice requirement was added to the rules in 1997 to give the defendant notice of the consequence of failing to pay the fines and costs, and to give the defendant a 10-day window of opportunity to comply before the warrant is issued. The Committee decided that it made sense in cases involving a juvenile to provide comparable safeguards, and is proposing the seventh paragraph of the Rule 75 Comment be revised to explain what the issuing authority is to do when a juvenile defendant fails to pay the fine and costs. The issuing authority would give the 10-day notice provided by the rule, but the notice would advise the defendant that failure to pay or appear within the 10 days will result in a notice of the non-compliance to the court of common pleas rather than issuance of a warrant.17 The Committee included that the notice also should be given the defendant's parents, guardian, or other custodian, consistent with the requirements of the Act. A comparable revision would be made to the Comment to Rule 76 (Procedure When Defendant Arrested with Warrant).
A second and related issue concerns the cases when a defendant fails to respond to the citation. Rule 75(A) requires that a warrant should be issued. An exception to this is set forth in Rule 53 (Contents of Citation) for cases involving a violation of an ordinance or any parking offense. In these cases, a summons must be issued before a warrant, giving the defendant a second opportunity to respond. The Committee agreed that a comparable exception should apply to juveniles, and is proposing that Rule 53(B)(4)(a) be amended by the addition of ''or when the defendant is a juvenile,'' with a brief explanation of this change in the Comments to Rules 53 and 75. If the juvenile fails to respond to the summons, the case would proceed in the same manner as any summary case, and a warrant would be issued pursuant to Rule 75(A). This would be explained in a new second paragraph in the Rule 75 Comment.
The third issue the Committee addressed related to the prohibition in Section 6303 that ''no child shall be detained, committed or sentenced to imprisonment by a district justice or a judge of the minor judiciary. . . .'' Considering first the prohibition on detaining and committing a juvenile, the Committee noted the rules provide for the payment of fines and costs or collateral, and for the prompt release of a defendant when certain criteria are satisfied following an arrest without a warrant. Because the rules provide for the prompt release of a defendant, the Committee concluded nothing additional was necessary concerning these procedures when a juvenile is involved.18 The rules also provide that the defendant, arrested with or without a warrant, be taken without unnecessary delay before the issuing authority for an immediate trial. The Committee agreed if an immediate trial cannot be held and the defendant is a juvenile, the juvenile must be released on his or her own recognizance. To make this clear, the Committee is proposing that Rule 76 be amended by the addition of a new paragraph (D)(3) requiring, in cases in which the juvenile cannot be given an immediate trial, that the issuing authority promptly give notice of the date and time for the summary trial to the defendant and defendant's parents, guardian, or other custodian. In addition, the paragraph requires the issuing authority to release the juvenile on recognizance when the summary trial cannot immediately be held.
Addressing the second prong of Section 6303's prohibition--no child shall be sentenced to imprisonment--was a more difficult question. The language of the Act is subject to a number of interpretations. We questioned whether the Act intended, in a case in which there was a likelihood of imprisonment, that a summary trial be conducted by the district justice but the sentence imposed in the common pleas court. Alternatively, could the trial only be held if the district justice determined there was no likelihood of imprisonment; in these cases, would the district justice be prohibited from imposing a sentence of imprisonment? When there is a likelihood of imprisonment, would the district justice be required to send the entire matter to the common pleas court? We settled on the last option--sending the case to the common pleas court for the trial--because this creates the least amount of confusion while ensuring no juvenile would be sentenced to imprisonment by a member of the minor judiciary. To make this clear, the Committee is proposing the Comments to the guilty plea rules, Rules 59, 64, 69, and the trial rules, Rules 83 and 84, be revised by the addition of cautionary language to alert the issuing authority that, when the defendant is a juvenile and there is a likelihood of imprisonment, the case should be forwarded to the court of common pleas for disposition.
As we were working on this proposal, the Committee reviewed the other summary case rules, and noted the cross-reference to Sections 6302 and 6303 of the Act in the Comment to Rule 51(Means of Instituting Proceedings in Summary Cases). We agreed that there also should be a reference to Section 6326 because of its provisions for detention of juveniles arrested in summary cases, and have revised the Comment accordingly.
B. Miscellaneous Changes
The Committee agreed that Rule 76 should be amended to conform to changes to other rules. The changes to paragraphs (D)(1) and (D)(2), which apply to all summary cases, not just those involving juveniles, conform Rule 76 to the provisions in Rule 83 and provide guidance to the minor judiciary about how to proceed when a defendant is brought before the issuing authority following an arrest. If a defendant is taken before an issuing authority, the defendant must enter a plea. If the defendant pleads guilty, the issuing authority imposes sentence, or, if the defendant pleads not guilty, the defendant is given an immediate trial.
Paragraph (D)(2)(a) would be amended by the addition of ''not capable of proceeding'' to be consistent with the comparable provision in Rule 71, which was amended in 1999 to make it clear that the district justice may decide not to hold the trial when a defendant is incapacitated in some way and not able to proceed with the trial.
[Pa.B. Doc. No. 00-1850. Filed for public inspection October 27, 2000, 9:00 a.m.] _______
1 Rule 51 will become Rule 400 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
2 Rules 80, 81, 82, 83, 84, 85, and 90 will become Rules 451, 452, 453, 454, 455, 456, 457, and 458 respectively as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
3 Rule 86 will become Rules 460, 461 and 462 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
4 Rule 53 will become Rule 403 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
5 Rule 59 will become Rule 409 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
6 Rule 64 will become Rule 414 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
7 Rule 69 will become Rule 424 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
8 Rule 75 will become Rule 430 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
9 Rule 51 will become Rule 400 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
10 Rule 76 will become Rule 431 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
11 Rule 83 will become Rule 454 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
12 Rule 84 will become Rule 455 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
13 Rule 75 will become Rule 430 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
14 Rule 83 will become Rule 454 as part of the reorganization and renumbering of the rules adopted March 1, 2000, effective April 1, 2001.
15 One district justice had inquired whether the Administrative Offices of Pennsylvania Courts' (AOPC) Judicial Computer Project (JPC) computerized form of notice could be modified to use for juvenile defendants, giving them notice that the case will be certified to the court of common pleas rather than notice of the warrant.
16 JPC has designed a computerized form that is used by the minor judiciary for providing this notice.
17 If this change is approved, the DJS will have to design a separate form for the juvenile's notice.
18 The Committee, relying on the provision in Section 6324 that a child may be taken into custody pursuant to the laws of arrest, reasoned that it is appropriate for police officers to arrest defendants who are juveniles for summary offenses when the arrest is authorized by law. Furthermore, Section 6326(b) appears to authorize the police to take a defendant who is a juvenile into custody, albeit with a number of limitations.
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