THE COURTS
FRANKLIN AND FULTON COUNTIES
In the Matter of the Adoption of Local Rules of Criminal Procedure; Misc. Doc. CA-28-AD-15-2011
[41 Pa.B. 2843]
[Saturday, June 4, 2011]May 19th, 2011, It Is Hereby Ordered that the following Rules of the Court of Common Pleas of the 39th Judicial District of Pennsylvania, Franklin and Fulton County Branches, Criminal Division, are amended, rescinded or adopted as indicated this date, to be effective thirty (30) days after publication in the Pennsylvania Bulletin:
Local Rule of Criminal Procedure 1000 is amended and is now re-numbered as Local Rule of Criminal Procedure 538.
Local Rule of Criminal Procedure 539 is adopted.
It Is Further Ordered that The District Court Administrator shall
1. Distribute two (2) certified paper copies and one (1) computer diskette or CD-ROM copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
2. File one (1) certified copy of the local rule changes with the Administrative Office of Pennsylvania Courts.
3. Provide one (1) certified copy of the local rule changes to the Supreme Court of Pennsylvania Criminal Procedural Rules Committee.
4. Publish a copy of the local rule changes as required on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
5. Provide one (1) certified copy of the Local Rule changes to the Franklin County Law Library and one (1) certified copy to the Fulton County Law Library.
6. Keep such local changes, as well as all local criminal rules, continuously available for public inspection and copying in the Office of the Clerk of Courts of Franklin County and the Office of the Clerk of Courts of Fulton County. Upon request and payment of reasonable costs of reproduction and mailing, the Prothonotary shall furnish to any person a copy of any local rule.
7. Arrange to have the local rule changes published on the Franklin County Bar Association web site at www. franklinbar.org.
By the Court
DOUGLAS W. HERMAN,
President JudgeLocal Rule of Criminal Procedure 39th Judicial District Rule of Criminal Procedure 538
Pursuant to Section 1725.5 of the Judicial Code that the Clerk of Courts shall assess in addition to any other fines, penalties or costs imposed by law, $150.00 Booking Center Fund Fee against any person who is processed at any Booking Center in Franklin County on or after December 1, 2010 if the person is:
1. placed on probation without verdict pursuant to section 17 of the act of April 14, 1972 (P. L. 233, No. 64), known as The Controlled Substance, Drug, Device or Cosmetic Act; or
2. receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of a crime under the following:
a. 18 Pa.C.S. § 106(a) (relating to classes of offenses)
b. 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under the influence)
c. 75 Pa.C.S. § 3802 (relating to driving under the influence of alcohol or controlled substance)
d. A violation of The Controlled Substance, Drug, Device and Cosmetic Act.
The Booking Center Fee shall be paid to Franklin County Clerk of Courts or the Payment Division of the Franklin County Adult Probation Department and deposited into a special booking center fund established by the Franklin County Criminal Justice Advisory Board. Moneys in the fund shall be disbursed, pursuant to procedures promulgated by the Franklin County Criminal Justice Advisory Board and used solely for the implementation of a ''County-wide Booking Center Plan'' and the start-up, operation or maintenance of the regional booking centers.
Local Rule of Criminal Procedure 39th Judicial District Rule of Criminal Procedure 539
(A) In all cases in which a person has been charged with an offense of a third degree misdemeanor or greater, the person shall be required to appear at the Franklin County Central Booking Center (CBC) located in the Franklin County Jail, 1804 Opportunity Avenue, Chambersburg, PA, to be fingerprinted and photographed prior to the date of his or her preliminary hearing.
(B) Pursuant to 18 Pa.C.S. 9112, an arresting authority shall be responsible for taking the fingerprints of persons arrested for misdemeanors, felonies or summary offenses which become misdemeanors on a second arrest after conviction of a summary offense. The Central Booking Center shall serve as a designated fingerprinting site for all arresting authorities in Franklin County.
(C)
a. In cases in which a person has been arraigned at the office of a Magisterial District Judge and fails to post bond, the person shall be fingerprinted and photographed at the CBC subsequent to his or her commitment at the Franklin County Jail.
b. In cases in which a person has been arrested during night, weekend or holiday hours, unless the charges proceed by summons, the person shall be taken directly to the CBC for a video arraignment and booking procedure before being committed to the Franklin County Jail or being released on bond.
c. In cases which proceed by summons or for offenses under 18 Pa.C.S.A. § 3929 (relating to retail theft), the person shall receive an order at the time of his or her preliminary hearing from the Magisterial District Judge to report within the date of the order to the CBC to be fingerprinted and photographed. The requirement to appear at the CBC to be fingerprinted and photographed as ordered shall be made a condition of bond.
d. In cases of private felony and misdemeanor prosecutions, the person may only be fingerprinted and photographed after conviction of the alleged offense. An order shall issue from the Court of Common Pleas after such conviction directing the Person to report to the CBC to be fingerprinted and photographed.
[Pa.B. Doc. No. 11-934. Filed for public inspection June 3, 2011, 9:00 a.m.]
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