THE COURTS
Title 234—RULES OF
CRIMINAL PROCEDURE
[ 234 PA. CODE CH. 10 ]
In Re: Amendment of Rule 1003 of the Rules of Criminal Procedure; Criminal Procedural Rules; No. 390
[40 Pa.B. 2012]
[Saturday, April 17, 2010]
Order Per Curiam:
And Now, this 5th day of April, 2010, the proposal having been made without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1003 of the Pennsylvania Rules of Criminal Procedure is amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 7, 2010.
PATRICIA NICOLA,
Chief Clerk
Supreme Court of Pennsylvania
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA TRAFFIC COURT Rule 1003. Procedure in Non-Summary Municipal Court Cases.
* * * * * (D) PRELIMINARY ARRAIGNMENT
* * * * * (3) At the preliminary arraignment, the issuing authority:
* * * * * (d) shall also inform the defendant:
(i) of the right to secure counsel of choice and the right to assigned counsel in accordance with Rule 122;
(ii) of the day, date, hour, and place for the trial, which shall not be less than 20 days after the preliminary arraignment [or for the preliminary hearing, which shall be given a first listing of not less than 3 days nor more than 10 days after the preliminary arraignment], unless the issuing authority fixes an earlier date for the trial or the preliminary hearing upon request of the defendant or defense counsel, with the consent of the attorney for the Commonwealth;
(iii) in a case charging a felony, of the date, time, and place of the preliminary hearing, which shall not be less than [3] 14 nor more than [10] 21 days after the preliminary arraignment unless extended for cause or the issuing authority fixes an earlier date upon the request of the defendant or defense counsel with the consent of the complainant and the attorney for the Commonwealth and that failure to appear without good cause for the preliminary hearing will be deemed a waiver by the defendant of the right to be present at any further proceedings before the issuing authority, and that the case shall proceed in the defendant's absence, and a warrant of arrest shall be issued; and
* * * * *
Comment * * * * * Under paragraph (D)(4), after the preliminary arraignment, if the defendant is detained, the defendant must be given an immediate and reasonable opportunity to post bail, secure counsel, and notify others of the arrest. Thereafter, if the defendant does not post bail, he or she must be committed to jail as provided by law.
Paragraphs (D)(3)(d)(iii) and (E) make it clear that, except for the time for the preliminary hearing, the procedures in Municipal Court for both preliminary hearings and cases in which the defendant fails to appear for the preliminary hearing are the same as the procedures in the other judicial districts.
For purposes of modifying bail once bail has been set by a common pleas judge, see Rules 529 and 536.
Official Note: Original Rule 6003 adopted June 28, 1974, effective July 1, 1974; amended January 26, 1977, effective April 1, 1977; amended December 14, 1979, effective April 1, 1980; amended July 1, 1980, effective August 1, 1980; amended October 22, 1981, effective January 1, 1982; Comment revised December 11, 1981, effective July 1, 1982; amended January 28, 1983, effective July 1, 1983; amended February 1, 1989, effective July 1, 1989; rescinded August 9, 1994, effective January 1, 1995. New Rule 6003 adopted 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; amended March 22, 1996, effective July 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; amended August 28, 1998, effective immediately; renumbered Rule 1003 and amended March 1, 2000, effective April 1, 2001; amended May 10, 2002, effective September 1, 2002; amended August 24, 2004, effective August 1, 2005; amended August 15, 2005, effective February 1, 2006; amended , effective .
Committee Explanatory Reports:
Report explaining the provisions of the new rule published at 22 Pa.B. 6, 18 (January 4, 1992). Final Report published with the Court's Order at 24 Pa.B. 4325, 4342 (August 27, 1994).
Final Report explaining the September 13, 1995 amendments published with Court's Order at 25 Pa.B. 4100, 4116 (September 30, 1995).
Final Report explaining the March 22, 1996 amendments published with the Court's Order at 26 Pa.B. 1684, 1690 (April 13, 1996).
Final Report explaining the August 28, 1998 amendments published with the Court's Order at 28 Pa.B. 4624, 4627 (September 12, 1998).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court's Order at 30 Pa.B. 1477, 1478 (March 18, 2000).
Final Report explaining the May 10, 2002 amendments concerning advanced communication technology published with the Court's Order at 32 Pa. B. 2582, 2591 (May 25, 2002).
Final Report explaining the August 24, 2004 changes clarifying preliminary arraignment and preliminary hearing procedures in Municipal Court cases published with the Court's Order at 34 Pa.B. 5016, 5025 (September 11, 2004).
Final Report explaining the August 15, 2005 amendments to paragraphs (A)(2)(b)(ii) and (D)(3)(d)(ii) published with the Court's Order at 35 Pa.B. 4914, 4918 (September 3, 2005).
[Pa.B. Doc. No. 10-680. Filed for public inspection April 16, 2010, 9:00 a.m.]
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