THE COURTS
[ 234 PA. CODE CH. 8 ]
Order Amending Rules 800 and 801 of the Rules of Criminal Procedure; No. 418 Criminal Procedure Rules Doc.
[42 Pa.B. 6635]
[Saturday, October 20, 2012]
Order Per Curiam
And Now, this 1st day of October, 2012, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication in the interests of justice and efficient administration pursuant to Pa.R.J.A. No. 103(a)(3), 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 Rules of Criminal Procedure 800 and 801 are amended in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective November 1, 2012.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 8. SPECIAL RULES FOR CASES IN WHICH DEATH SENTENCE IS AUTHORIZED Rule 800. Applicability of Subchapter.
[The] Except as provided in Rule 801, the rules of this chapter shall apply to the guilt and penalty determination phases of all cases in which the imposition of a sentence of death is authorized by law.
Comment * * * * * When a jury is empaneled for the first time for sentencing, or for resentencing, the jury trial rules (Chapter [600)] 6) apply. See, for example, Rule 631 (Examination and Challenges of Trial Jurors).
This chapter does not provide procedures for those cases in which the Supreme Court vacates a sentence of death and remands the case to the trial court for the imposition of a life imprisonment sentence. See 42 Pa.C.S. § 9711(h)(4).
For post-verdict procedures in cases in which a sentence of death is authorized by law, see Rule [809] 811.
Official Note: Previous Rule 351 adopted September 22, 1976, effective November 1, 1976; rescinded April 2, 1978, effective immediately. Present Rule 351 adopted July 1, 1985, effective August 1, 1985; Comment revised February 1, 1989, effective July 1, 1989; amended October 29, 1990, effective January 1, 1991; renumbered Rule 800 and amended March 1, 2000, effective April 1, 2001; amended October 1, 2012, effective November 1, 2012.
Committee Explanatory Reports:
* * * * * 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 October 1, 2012 amendments clarifying the application of the Chapter to Rule 801 published with the Court's Order at 42 Pa.B. 6635 (October 20, 2012).
Rule 801. Qualifications for Defense Counsel in Capital Cases.
In all cases in which the district attorney has filed a Notice of Aggravating Circumstances pursuant to Rule 802, before an attorney may participate in any stage of the case either as retained or appointed counsel, the attorney must meet the educational and experiential criteria set forth in this rule.
* * * * * Official Note: Adopted June 4, 2004, effective November 1, 2004; amended April 13, 2007, effective immediately; amended October 1, 2012, effective November 1, 2012.
Committee Explanatory Reports:
* * * * * Final Report explaining the October 1, 2012 changes to the first paragraph published with the Court's Order at 42 Pa.B. 6635 (October 20, 2012).
FINAL REPORT1
Amendments to Pa.Rs.Crim.P. 800 and 801
Scope of Chapter 8 of Rules of Criminal Procedure On October 1, 2012, effective November 1, 2012, upon the recommendation of the Criminal Procedural Rules Committee, the Court amended Pa.R.Crim.P. 800 (Applicability of Subchapter) and Pa.R.Crim.P. 801 (Qualifications for Defense Counsel in Capital Cases) to clarify the scope of Chapter 8 of the Rules of Criminal Procedure.
The Committee reviewed the scope of Chapter 8 in response to an inquiry that suggested an apparent conflict between Rule 800 and Rule 801 with regard to the scope of Chapter 8. Rule 800 provides that the rules in Chapter 8 apply to the guilt and penalty determination phases of a capital case. Rule 801, as explained in that rule's Comment, applies to all stages of a capital case—pretrial, trial, post-conviction, and appeal. Although the Committee is not aware of any cases in which this conflict has been an issue, the members, believing it would be prudent, as well as helpful to the bench and bar, if the difference in the scope of these two rules was clarified, recommended clarifying changes to the Court.
Rule 800 has been amended to acknowledge that Rule 801 is an exception to the limited scope of Chapter 8. Rule 801 has been amended to add to the text of the rule that it applies to all stages of a case.
[Pa.B. Doc. No. 12-2026. Filed for public inspection October 19, 2012, 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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