THE COURTS
[234 PA. CODE CHS. 4 AND 5]
Multiple Summary Offenses Charged on One Citation
[32 Pa.B. 1042]
Introduction The Criminal Procedural Rules Committee is planning to recommend the Supreme Court of Pennsylvania amend Rules of Criminal Procedure 403 (Contents of Citation), 453 (Joinder of Offenses and Defendants), and 505 (Complaints: Joinder of Offenses and Defendants). The changes would 1) make it clear that all summary offenses arising from the same conduct or arising from one criminal episode known at the time of issuance must be included on one citation, and 2) conform Rules 453 and 505 with the language in 18 Pa.C.S. §§ 109 and 110. 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 Reports should not be confused with the official Committee Comments to the rules. Also note the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed Comment revisions precedes the Report. Deletions are in bold and brackets, and additions are bold.
We request 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, fax: (717) 795-2106, e-mail: criminal.rules@supreme.court.state.pa.us no later than Monday, March 25, 2002.
JOSEPH P. CONTI,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART B. Citation Procedures Rule 403. Contents of Citation.
(A) Every citation shall contain:
* * * * * (4) for each offense:
(a) the date and time when the offense is alleged to have been committed, provided however, if the day of the week is an essential element of the offense charged, such day must be specifically set forth;
[(5)] (b) the place where the offense is alleged to have been committed; and
[(6)] (c) a citation of the specific section and subsection of the statute or ordinance allegedly violated, together with a summary of the facts sufficient to advise the defendant of the nature of the offense charged;
[(7)] (5) * * *
[(8)] (6) * * *
[(9)] (7) * * *
* * * * *
Comment * * * * * Paragraph (B)(6) was amended in 2000 to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of a guilty plea. See Rule [86] 460 (Notice of [Appeals] Appeal).
* * * * * 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 ______ , 2002, effective ______ , 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed amendments to paragraph (A) published at 32 Pa.B. 1043 (February 23, 2002).
PART E. General Procedures in Summary Cases Rule 453. Joinder of Offenses and Defendants.
* * * * * (B) When more than one summary offense is alleged to have been committed by one person arising from the same [incident] conduct or arising from the same criminal episode,
(1) the issuing authority shall accept only one citation,
(2) the matter shall proceed as a single case, and
(3) the issuing authority shall receive only one set of costs.
Comment * * * * * Paragraph (B) was amended in 2002 to make it clear that all summary offenses arising from the same conduct or same criminal episode known at the time of issuance must be included on one citation.
Official Note: Rule 82 adopted July 12, 1985, effec- tive January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; amended February 1, 1989, effective July 1, 1989; Comment revised August 9, 1994, effective January 1, 1995; renumbered Rule 453 and amended March 1, 2000, effective April 1, 2001; amended ______ , 2002, effective ______ , 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed amendments to paragraph (B) published at 32 Pa.B. 1043 (February 23, 2002).
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART B(1). Complaint Procedures Rule 505. Complaints: Joinder of Offenses and Defendants.
* * * * * (B) When more than one offense is alleged to have been committed by one person arising from the same [incident] conduct or arising from the same criminal episode, the issuing authority shall accept only one complaint, and shall docket the matter as a single case.
* * * * *
Comment For criteria as to cases in which joinder is required prior to trial, see Commonwealth v. Campana, 304 A.2d 432 (Pa. 1973), and 18 Pa.C.S. §§ 109 and 110.
Official Note: Original Rule 103, adopted June 30, 1964, effective January 1, 1965, suspended January 31, 1970, effective May 1, 1970. New Rule 103 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 131 and amended September 18, 1973, effective January 1, 1974; renumbered Rule 105 and amended August 9, 1994, effective January 1, 1995; renumbered Rule 505 and amended March 1, 2000, effective April 1, 2001; amended ______ , 2002, effective ______ , 2002.
Committee Explanatory Reports:
* * * * * Report explaining the proposed amendments to paragraph (B) published at 32 Pa.B. 1043 (February 23, 2002).
REPORT
Proposed Amendments to Pa.Rs.Crim.P. 403, 453, and 505
MULTIPLE SUMMARY OFFENSES CHARGED ON ONE CITATION I. BACKGROUND
The Committee undertook its review of the summary citation procedures after receiving correspondence from Merle H. Phillips, Majority Caucus Administrator for the House of Representatives. Mr. Phillips asked the Committee to redesign the traffic citations by adding a checkbox, which would indicate to the issuing authority whether the defendant also was violating ''Pennsylvania seat belt laws.'' See 75 Pa.C.S. § 4581 (Restraint systems). He commented ''this would reduce the percentage of people in Pennsylvania that are killed in automobile accidents as a result of not wearing a seat belt'' and many ''police chiefs . . . believe that adding a seat belt violation checkbox would allow officers to enforce seat belt laws more efficiently because they would not be required to fill out an additional citation.'' In subsequent correspondence, Mr. Phillips included copies of letters from several police chiefs expressing their interest in a ''modification of the present traffic citation to allow for multiple violations to be cited on a single form, including the ability to cite for seat belt violations as a secondary offense.''1 This correspondence also pointed out that Section 4581 often is not enforced because, inter alia, the Criminal Rules are interpreted to permit only one charge per citation.2
Agreeing with the correspondents that the issue of charging more than one summary offense on a citation should be examined, the Committee looked at Rule 453 (Joinder of Offenses and Defendants), the summary case rule, and Rule 505 (Complaints: Joinder of Offenses and Defendants), the correlative court case rule. Although these rules address the joinder of offenses and defendants, Rule 453(B) provides ''when more than one summary offense is alleged to have been committed by one person arising from the same incident, the matter shall proceed as a single case and the issuing authority shall receive only one set of costs,'' and Rule 505(B) provides ''when more than one summary offense is alleged to have been committed by one person arising from the same incident, the issuing authority shall accept only one complaint, and shall docket the matter as a single case.'' It appears that this difference in wording of these correlative provisions has led to the interpretation of Rule 453(B) that there can only be one offense charged on a citation.
The Committee reviewed the history of Rule 453, spoke with the District Justice System staff and former Committee members and staff, and reviewed case law. We found nothing definitive to explain why the rules have been interpreted as requiring a separate citation for each offense, although one individual we contacted suggested the concept may have had something to with accommodating the small size of the citation form.
Failing to uncover a clear source of the one offense/one citation requirement, the Committee considered the feasibility of changing the summary case requirement to conform with the multiple offenses/one complaint requirement in court cases set forth in Rule 505(B). We noted having all the offenses on one citation minimizes the tracking problems that can occur with multiple citations, and is more efficient because the law enforcement officer only needs to complete one citation. We also recognized that, with continued progress toward automation, the possibility of electronically transmitting the citation information is on the horizon, making the one offense/one citation requirement outdated. In view of these considerations, the Committee agreed it makes sense for the rules to be amended to make it clear that all summary offenses arising from the same conduct or arising from the criminal episode known at the time of issuance of the citation must be included on one citation. In reaching this decision, the Committee discussed the ''checkbox'' option, but agreed that aligning the summary case rules and the court case rules would cause the least confusion and is a better solution.
II. DISCUSSION OF PROPOSED RULE CHANGES
A. Rules 453 and 505
Rule 453 presently provides the procedures for joinder of offenses and defendants in a summary case, and Rule 505 provides the procedures for joinder of offenses and defendants in a court case. The Committee is proposing Rules 453(B) and 505(B) be amended by replacing the term ''incident'' with the phrase ''conduct or arising from the same criminal episode.'' This proposed change is intended to align the rules with the language in 18 Pa.C.S. §§ 109 (When prosecution barred by former prosecution for the same offense) and 110 (When prosecution barred by former prosecution for different offense).
As noted above, Rule 453 has been interpreted to mean that only one charge may be included on a citation. To make it clear that all charges known at the time of issuance must be included on one citation, the Committee is proposing that paragraph (B) be amended to conform with Rule 505(B) by the addition of the language ''the issuing authority shall accept only one citation.'' To highlight this change, Rule 453(B) also would be divided into subparagraphs to more clearly set forth the procedures covered by this paragraph. Finally, the Committee is proposing the revision of the Comments to Rules 453 and 505 to make them consistent with the proposed new language in the text of the rules.
B. Rule 403
Rule 403 provides the requirements for the contents of the citation. Paragraph (A) enumerates the information to be entered by the law enforcement officer. The Committee is proposing the reorganization of paragraph (A) to make it clear that the law enforcement officer must include for each offense the information concerning: the date and time when the offense is alleged to have been committed, see proposed paragraph (A)(4)(a); the place where the offense is alleged to have been committed, see proposed paragraph (A)(4)(b); and a citation of the specific section and subsection of the statute or ordinance allegedly violated, see proposed paragraph (A)(4)(c). The remaining paragraphs in (A) would be renumbered accordingly.
[Pa.B. Doc. No. 02-294. Filed for public inspection February 22, 2002, 9:00 a.m.] _______
1 Section 4581(a)(2) provides in part, ''A conviction under this paragraph by State or local law enforcement agencies shall occur only as a secondary action when a driver of a motor vehicle has been convicted of any other provision of this title.''
2 In addition, the correspondence noted that greater enforcement of Section 4581 would alert ''the motoring public'' that law enforcement personnel are serious in addressing seat belt violations, and result in a decrease of injury, death, and monetary loss.
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