THE COURTS
Title 234—RULES OF CRIMINAL PROCEDURE
[ 234 PA. CODE CH. 4 ]
Order Amending Rule 470 of the Rules of Criminal Procedure; No. 399 Criminal Procedural Rules Doc.
[41 Pa.B. 1167]
[Saturday, March 5, 2011]
Order Per Curiam
And Now, this 18th day of February 2011, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of justice and efficient administration, and a Final Report to be published with this Order:
It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Pennsylvania Rule of Criminal Procedure 470 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 March 18, 2011.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 4. PROCEDURES IN SUMMARY CASES
PART G. Special Procedures in Summary Cases Under the Vehicle Code Rule 470. Procedures Related to [Licenses] License Suspension After Failure to Respond to Citation or Summons or Failure to Pay Fine and Costs.
(A) When a defendant fails to comply with the 10-day response period set forth in Rules 407, 412, [and] 422, and 456, the issuing authority shall notify the defendant in writing that, pursuant to Section 1533 of the Vehicle Code, the defendant's license will be suspended if the defendant fails to respond to the citation or summons or fails to pay all fines and costs imposed or enter into an agreement to make installment payments for the fines and costs within 15 days of the date of the notice.
(B) Service of the notice required in paragraph (A) shall be by first class mail, and a copy shall be made part of the record.
(C) If the defendant does not respond by the fifteenth day, the issuing authority shall so notify the Pennsylvania Department of Transportation. The notice shall be sent by electronic transmission in the form prescribed by the Pennsylvania Department of Transportation. The issuing authority shall print out and sign a copy of the notice, which shall include the date and time of the transmission, and the signed copy shall be made part of the record.
(D) If the defendant responds to the citation or summons or pays all fines and costs imposed or enters into an agreement to make installment payments for the fines and costs imposed after notice has been sent pursuant to paragraph (C), the issuing authority shall so notify the Pennsylvania Department of Transportation and request the withdrawal of the defendant's license suspension. The notice and request shall be sent by electronic transmission. The issuing authority shall print out and sign a copy of the notice and request, which shall include the date and time of the transmission, and the signed copy shall be made part of the record.
(E) Upon request of the defendant, the attorney for the Commonwealth, or any other government agency, the issuing authority's office shall provide a certified copy of any notices or any request form required by this rule.
Comment This rule was adopted in 1993, and amended in 2011, to implement the notice requirements of 75 Pa.C.S. § 1533 and to insure uniform, prompt transmissions to the Department of Transportation. It does not change the other procedural requirements contained in the summary case rules generally. See, e.g., paragraph (B)(1)(a) of Rule 430[(A)(1)] (Issuance of Warrant) and Rule 456 (Default Procedures: Restitution, Fines, and Costs).
This rule is not intended to address the admissibility of evidence. See the Pennsylvania Rules of Evidence and 42 Pa.C.S. § 6101 et seq. concerning the Rules of Evidence for documents.
Under paragraph (E), the issuing authority is required to provide a certified copy of the report, but only if the request is made within the period that the issuing authority is required to retain the records.
Electronic transmissions are to be made from the [District Justice Central Site Computer] Magisterial District Judge System or other computer [facility utilized] system used by issuing authorities.
Official Note: Previous Rule 91, formerly 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. The January 1, 1986 effective date is extended to July 1, 1986. Readopted and renumbered Rule 91 February 1, 1989, effective July 1, 1989; rescinded June 3, 1993, effective July 1, 1993, and replaced by new Rule [471] 92. New Rule 91 adopted June 3, 1993, effective July 1, 1993; renumbered Rule 470 and amended March 1, 2000, effective April 1, 2001; amended February 18, 2011, effective March 18, 2011.
Committee Explanatory Reports:
Report explaining the provisions of the new rule published with the Court's Order at 23 Pa.B. 2811 (June 19, 1993).
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 February 18, 2011 amendments to paragraphs (A) and (D) adding failure to pay fines and costs published with the Court's Order at 41 Pa.B. 1168 (March 5, 2011).
FINAL REPORT1
Amendment of Pa.R.Crim.P. 470 On February 18, 2011, effective March 18, 2011, upon the recommendation of the Criminal Procedural Rules Committee, the Court approved the amendments to Rule of Criminal Procedure 470 (Procedures Related to License Suspension after Failure to Respond to Citation or Summons). These amendments bring the procedures in Rule 470 concerning license suspensions in line with the provisions of 75 Pa.C.S. § 1533 (Suspension of Operating Privilege for Failure to Respond to Citation).
In response to an inquiry from the legal staff of the Administrative Office of Pennsylvania Courts (AOPC) that raised questions about the interplay between Rules of Criminal Procedure 456 and 470 and 75 Pa.C.S. § 1533, the Committee undertook a review of the procedures in Rule 470 and in 75 Pa.C.S. § 1533 (Suspension of Operating Privilege for Failure to Respond to Citation).
Rule 470 sets forth the procedures for license suspensions when a defendant fails to respond to a citation or summons in a summary case. Pursuant to Rule 470(A), when a defendant fails to respond to a citation or summons within the 10-day period provided in Rules 407, 412, and 422, the issuing authority is required to send the defendant a notice explaining that the defendant's license will be suspended pursuant to 75 Pa.C.S. § 1533 if the defendant does not respond to the citation or summons within 15 days of the license suspension notice. The issuing authority is required to notify the Pennsylvania Department of Transportation (PennDOT) if the defendant does not respond by the 15th day. Rule 470 also provides the procedures for the electronic transmission of the information to PennDOT and for the issuing authority to request that PennDOT rescind the license suspension after the defendant responds. These procedures were adopted in 1993 to implement the notice of license suspension provisions in 75 Pa.C.S. § 1533, and to provide for the electronic transmission of the documents the statute requires be sent to PennDOT.
In 1994, Section 1533 was amended to add, inter alia, a license suspension for failure to pay fines and costs. Although the Committee monitors legislative changes, the 1994 amendments to Section 1533 were missed. In considering the communications from the AOPC legal staff, the Committee realized its oversight and agreed the discrepancy between Rule 470 and the statute was a source of the confusion to the bench, bar, and court administration. The Committee members agreed Rule 470 should be amended to align the rule procedures with the amended version of Section 1533. Accordingly, Rule 470(A) has been amended by the addition of the requirement that the issuing authority also must provide the license suspension notice when the defendant fails to pay the fine and costs or fails to enter into a payment plan. Rule 470(D) similarly has been amended by the addition of the fine and costs provision to the procedures for the rescission of the license suspension when the defendant has appeared and paid the fines and costs or established a payment for paying.
[Pa.B. Doc. No. 11-365. Filed for public inspection March 4, 2011, 9:00 a.m.] _______
1 The Committee's Final Reports 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 Committee's explanatory Final Reports.
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