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PA Bulletin, Doc. No. 10-388

THE COURTS

Title 255—LOCAL
COURT RULES

DAUPHIN COUNTY

In Re: Promulgation of Local Rules 202 and 507; No. 1793 S 1989; No. 10-6 MD 2010

[40 Pa.B. 1147]
[Saturday, March 6, 2010]

Order

 And Now, this 4th day of February 2010, Dauphin County Local Rules of Criminal Procedure 202 and 507 are promulgated as follows:

Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth.

 The District Attorney of Dauphin County, having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants in the following circumstances:

 Any search warrant application arising out of an investigation of any of the following offenses:

 (1) Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;

 (2) Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;

 (3) Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;

 (4) Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;

 (5) Causing or aiding suicide in violation of 18 Pa.C.S.A. Section 2505;

 (6) Drug delivery resulting in death in violation of 18 Pa.C.S.A. Section 2506;

 (7) Criminal Homicide of unborn child in violation of 18 Pa.C.S.A. Section 2603;

 (8) Murder in any degree of unborn child in violation of 18 Pa.C.S.A. Section 2604;

 (9) Voluntary Manslaughter of unborn child in violation of 18 Pa.C.S.A. Section 2605;

 (10) Aggravated Assault of unborn child in violation of 18 Pa.C.S.A. Section 2606;

 (11) Homicide by vehicle in violation of 75 Pa.C.S.A. Section 3732; and

 (12) Homicide by vehicle while driving under influence in violation of 75 Pa.C.S.A. Section 3735.

 (13) Aggravated Assault by vehicle while driving under influence in violation of 75 Pa.C.S.A. Section 3735.1;

 (14) Rape in violation of 18 Pa.C.S.A. Section 3121;

 (15) Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;

 (16) Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;

 (17) Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;

 (18) Institutional Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.2;

 (19) Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125;

shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

 The District Attorney of Dauphin County having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging

 (1) Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;

 (2) Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;

 (3) Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;

 (4) Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;

 (5) Causing or aiding suicide in violation of 18 Pa.C.S.A. Section 2505;

 (6) Drug delivery resulting in death in violation of 18 Pa.C.S.A. Section 2506;

 (7) Criminal Homicide of unborn child in violation of 18 Pa.C.S.A. Section 2603;

 (8) Murder in any degree of unborn child in violation of 18 Pa.C.S.A. Section 2604;

 (9) Voluntary Manslaughter of unborn child in violation of 18 Pa.C.S.A. Section 2605;

 (10) Aggravated Assault of unborn child in violation of 18 Pa.C.S.A. Section 2606;

 (11) Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732; and

 (12) Homicide by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.

 (13) Aggravated Assault by vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.1;

 (14) Rape in violation of 18 Pa.C.S.A. Section 3121;

 (15) Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;

 (16) Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;

 (17) Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;

 (18) Institutional Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.2;

 (19) Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125; and

 (20) Any offense arising out of an incident for which the District Attorney of Dauphin County has given written notice to the investigating agency of his intent to review any charges brought in connection with that incident prior to filing.

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.

 These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.

By the Court

RICHARD A. LEWIS, 
President Judge

[Pa.B. Doc. No. 10-388. Filed for public inspection March 5, 2010, 9:00 a.m.]


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