THE COURTS
[234 PA. CODE CH. 5]
Amendments to Pa.Rs.Crim.P. 510, 543, and 547 and Revisions of the Comments to Rules 512 and 527
[37 Pa.B. 1303]
[Saturday, March 24, 2007]The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rules 510, 543, and 547 and revisions of the Comments to Rules 512 and 527 to provide procedures for ensuring compliance with identification procedures, including fingerprinting, in summons cases. 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 changes to Rules 510, 512, 527, 543, and 547 precedes the Report. Additions are shown in bold; deletions are in bold and brackets.
We request that interested persons submit suggestions, comments, or objections concerning this proposal in writing to the Committee through counsel,
Anne T. Panfil, Chief Staff Counsel
Supreme Court of Pennsylvania
Criminal Procedural Rules Committee
5035 Ritter Road, Suite 100
Mechanicsburg, PA 17055
fax: (717) 795-2106
e-mail: criminal.rules@pacourts.usno later than Monday, April 23, 2007.
By the Criminal Procedural Rules Committee
NICHOLAS J. NASTASI,
Chair
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART B(2). Summons Procedures Rule 510. Contents of Summons; Notice of Preliminary Hearing.
* * * * * (C) A copy of the complaint and an order directing the defendant to submit to fingerprinting shall be attached to the summons.
Comment * * * * * [When a defendant appears for a preliminary hearing pursuant to a summons under this rule and is held for court, the issuing authority should require the defendant to submit to administrative processing and identification procedures (such as fingerprinting) as authorized by law. It is suggested that these processing procedures be made a condition of bail or release. See Criminal History Record Information Act, 18 Pa.C.S. § 9112.]
When a case proceeds by summons, the issuing authority also must issue an order requiring the defendant submit to the administrative processing and identification procedures as authorized by law (such as fingerprinting) that ordinarily occur following an arrest.
Paragraph (C)(2), added in 2007, requires that the fingerprint order be sent to the defendant with the summons. The purpose of this change is to ensure that the fingerprinting process in summons cases is completed. See the Criminal History Record Information Act, 18 Pa.C.S. § 9112.
When the defendant is processed for fingerprinting and other identification procedures prior to being released pursuant to Rule 519, the fingerprint order does not have to be attached to the summons.
If a defendant has not complied with the fingerprint order by the time of the preliminary hearing, the issuing authority must make compliance a condition of release on bail.
* * * * * Official Note: Original Rule 109, adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970. New Rule 109 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 110 and amended September 18, 1973, effective January 1, 1974; amended October 22, 1981, effective January 1, 1982; amended November 9, 1984, effective January 2, 1985; amended August 9, 1994, effective January 1, 1995; renumbered Rule 510 and amended March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; amended , 2007, effective , 2007.
Committee Explanatory Reports:
* * * * * Report explaining the amendments to paragraph (C) concerning the fingerprint order published at 37 Pa.B. 1305 (March 24, 2007).
Rule 512. Procedure in Court Cases Following Issuance of Summons.
* * * * *
Comment * * * * * [When a defendant appears for a preliminary hearing pursuant to a summons and is held for court, the issuing authority should require that the defendant submit to administrative processing and identification procedures (fingerprinting, for example) as authorized by law. It is recommended that this requirement be made a condition of bail or release. See Criminal History Record Information Act, 18 Pa.C.S. § 9112.]
When a case proceeds by summons, the issuing authority must require that the defendant submit to the administrative processing and identification procedures as authorized by law (such as fingerprinting) that ordinarily occur following an arrest. See, e.g., Criminal History Record Information Act, 18 Pa.C.S. § 9112. If these processing procedures are not completed by the time of the preliminary hearing, they must be made a condition of bail or release. Regarding fingerprinting, see Rule 510(C)(2) that requires the issuing authority to send the fingerprint order with the summons.
* * * * * Official Note: Rule 113 adopted September 18, 1973, effective January 1, 1974; amended August 9, 1994, effective January 1, 1995; renumbered Rule 512 and Comment revised March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; Comment revised , 2007, effective , 2007.
Committee Explanatory Reports:
* * * * * Report explaining the Comment revisions concerning administrative processing and identification procedures published at 37 Pa.B. 1305 (March 24, 2007).
PART C(1). Release Procedures Rule 527. Nonmonetary Conditions of Release on Bail.
* * * * *
Comment * * * * * The following sets forth a few examples of conditions that might be imposed to address specific situations. In some circumstances, a combination of such conditions might also be considered. This is not intended to be an exhaustive list of appropriate conditions.
* * * * * (6) When a case proceeds by summons, the issuing authority must require that the defendant submit to required administrative processing and identification procedures, such as fingerprinting required by the Criminal History Record Information Act, 18 Pa.C.S. § 9112, that ordinarily occur following an arrest. Rule 510(C)(2) requires an order directing the defendant to be fingerprinted be issued with the summons. If the defendant has not completed fingerprinting by the date of the preliminary hearing, completion of these processing procedures must be made a condition of release.
Official Note: Former Rule 4006 adopted July 23, 1973, effective 60 days hence, replacing prior Rules 4008 and 4010; amended January 28, 1983, effective July 1, 1983; rescinded September 13, 1995, effective January 1, 1996, and replaced by Rules 524 and 528. Present Rule 4006 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective dates extended to April 1, 1996; the April 1, 1996 effective dates extended to July 1, 1996; renumbered Rule 527 and amended March 1, 2000, effective April 1, 2001; Comment revised , 2007, effective , 2007.
Committee Explanatory Reports:
* * * * * Report explaining the Comment revisions adding paragraph (6) concerning administrative processing and identification procedures published at 37 Pa.B. 1305 (March 24, 2007).
PART D. Proceedings in Court Cases Before Issuing Authorities Rule 543. Disposition of Case at Preliminary Hearing.
* * * * * (C) When the defendant has been held for court, the issuing authority shall:
* * * * * (2) continue the existing bail order, unless the issuing authority modifies the order as permitted by Rule 529(A)[.]; and
(3) if the defendant has not submitted to the administrative processing and identification procedures as authorized by law, such as fingerprinting pursuant to rule 510(C)(2), make compliance with these processing procedures a condition of bail.
(D) In any case in which the defendant fails to appear for the preliminary hearing:
* * * * * (2) If the issuing authority finds that the defendant's absence is without good cause and after notice, the absence shall be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority. In these cases, the issuing authority shall:
* * * * * (c) if the case is held for court or if the preliminary hearing is continued, issue a warrant for the arrest of the defendant and, if the defendant has not complied with the fingerprint order issued pursuant to Rule 510(C)(2), transmit with the transcript to the clerk of courts a notice to the court of common pleas of the defendant's noncompliance.
* * * * *
Comment Paragraph (C) reflects the fact that a bail determination will already have been made at the preliminary arraignment, except in those cases in which, pursuant to a summons, the defendant's first appearance is at the preliminary hearing. See Rules 509 and 510.
If the administrative processing and identification procedures as authorized by law (such as fingerprinting required by the Criminal History Record Information Act, 18 Pa.C.S. § 9112) that ordinarily occur following an arrest are not completed previously, when bail is set at the conclusion of the preliminary hearing, the issuing authority must order the defendant to submit to the administrative processing and identification procedures as a condition of bail. See Rule 527 for nonmonetary conditions of release on bail.
If a case initiated by summons is held for court after the preliminary hearing is conducted in the defendant's absence pursuant to paragraph (D)(2) and the defendant has not complied with the fingerprint order issued pursuant to Rule 510(C)(2), the issuing authority must include with the transmittal of the transcript a notice to the court of common pleas that the defendant has not complied with the fingerprint order. See Rule 547.
* * * * * Official Note: Original Rule 123, adopted June 30, 1964, effective January 1, 1965, suspended January 31, 1970, effective May 1, 1970. New Rule 123 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 143 September 18, 1973, effective January 1, 1974; amended January 28, 1983, effective July 1, 1983; amended August 9, 1994, effective January 1, 1995; amended September 13, 1995, effective January 1, 1996. The January 1, 1996 effective date extended to April 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; renumbered Rule 142 October 8, 1999, effective January 1, 2000; renumbered Rule 543 and amended March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; amended December 30, 2005, effective August 1, 2006; amended March 9, 2006, effective September 1, 2006; amended , 2007, effective , 2007.
Committee Explanatory Reports:
* * * * * Report explaining the proposed amendments to paragraphs (C) and (D)(2)(c) concerning administrative processing and identification procedures published with the Court's Order at 37 Pa.B. 1305 (March 24, 2007).
Rule 547. Return of Transcript and Original Papers.
* * * * * (C) In addition to this transcript the issuing authority shall also transmit the following items:
* * * * * (3) all affidavits filed in the proceeding; [and]
(4) the appearance or bail bond for the defendant, if any, or a copy of the order committing the defendant to custody[.]; and
(5) notice informing the court of common pleas that the defendant has failed to comply with the fingerprint order as required in Rule 543(D)(2)(d).
Comment See Rule 135 for the general contents of the transcript. There are a number of other rules that require certain things to be recorded on the transcript to make a record of the proceedings before the issuing authority. See, e.g., Rules 542 and 543.
When the case is held for court pursuant to Rule 543(D)(2), the issuing authority must include with the transcript transmittal a notice to the court of common pleas that the defendant has not complied with the fingerprint order issued pursuant to Rule 510(C)(2). The court of common pleas must take whatever actions deemed appropriate to address this non-compliance.
Official Note: Formerly Rule 126, adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970, revised January 31, 1970; effective May 1, 1970; renumbered Rule 146 and amended September 18, 1973, effective January 1, 1974; amended October 22, 1982, effective January 1, 1982; amended July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; renumbered Rule 547 and amended March 1, 2000, effective April 1, 2001; amended August 24, 2004, effective August 1, 2005; amended , 2007, effective , 2007.
Committee Explanatory Reports:
* * * * * Report explaining the amendments to paragraph (C) concerning the fingerprint order published at 37 Pa.B. 1305 (March 24, 2007).
REPORT
Amendments to Pa.Rs.Crim.P. 510, 543, and 547 and Revisions of the Comments to Rules 512 and 527
Fingerprint Orders in Summons Cases As part of its continuing review of the rules and in response to numerous communications with the Committee, the Committee examined the question of how the fingerprint requirements of Criminal History Records Information Act (CHRIA), 18 Pa.C.S. § 9112, are to be accomplished in cases initiated by summons. Section 9112(B)(2) requires that, in cases initiated by summons, ''the court . . . shall order the defendant to submit within five days of such order for fingerprinting . . . ''
In a case initiated by arrest, compliance with the requirements of CHRIA is relatively straightforward, with the defendant's fingerprints being taken as part of the usual administrative processing following arrest. The situation is different in summons cases because the defendant does not undergo the same type of processing as in an arrest case. Additionally, since no preliminary arraignment is held during summons cases, the first occasion in which the defendant comes before an issuing authority is usually at the preliminary hearing.
The Committee received reports that there was a divergence of practice regarding this question running the gamut from issuing authorities sending out fingerprint orders with the summons to issuing authorities who believe that, based on language in the Comment to Rule 510, fingerprints may only be ordered after the case is held for court at the preliminary hearing.
Initially, the Committee considered permitting an issuing authority the discretion to chose the procedure for the issuance of the fingerprint order. Upon further examination, the Committee concluded that such discretion did not adequately address the problem that CHRIA applied regardless of whether a case was bound over for court. In other words, in those cases started by summons that are not held for court at the preliminary hearing, unless the fingerprint order has been issued with the summons, there would be no mechanism to have the defendant fingerprinted. Therefore, the Committee concluded that the rules should require that in all cases, when a summons is issued, the issuing authority also would be required to send out a fingerprint order and would not have the option of waiting until the preliminary hearing to issue the order. To accomplish this, the Committee is proposing that Rule 510 be amended to provide that the fingerprint order be attached to the summons, along with the copy of the complaint. Additionally, the language in the Comments to Rules 510 and 512 that suggests that the issuing authority must wait until the preliminary hearing to issue the fingerprint order would be deleted.
Recognizing that, if the defendant fails to comply with the fingerprint order, the primary mechanism to enforce the fingerprint order will be making compliance with the order a bail condition following the preliminary hearing, the Committee is proposing new paragraph (C)(3) be added to Rule 543 that requires compliance be made a condition of bail. The Comments to Rules 510, 512, 527, and 543 would be revised to indicate this required bail condition as well.
Another issue that arose during the Committee's discussions concerns the situation when a case is held for court and transferred from the issuing authority to the court of common pleas. In these cases, there is a possibility that the fingerprint requirement might ''get lost,'' especially in the situation in which the case is held for court in the defendant's absence as provided in Rule 543(D)(2). To address this situation, the Committee is proposing that a provision be added to Rules 543(D)(2)(c) and 547(C) to require that the issuing authority send notice of the defendant's non-compliance to the court of common pleas. It is contemplated that the court of common pleas, once notified, will take whatever actions would be appropriate in the circumstances to ensure future compliance.
[Pa.B. Doc. No. 07-483. Filed for public inspection March 23, 2007, 9:00 a.m.]
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