THE COURTS
Title 234—RULES OF CRIMINAL PROCEDURE
[ 234 PA. CODE CH. 5 ]
Order Revising the Comment to Rule 519 of the Rules of Criminal Procedure; No. 435 Criminal Procedural Rules Doc.
[43 Pa.B. 4062]
[Saturday, July 20, 2013]
Order Per Curiam
And Now, this 1st day of July, 2013, 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 the revision to the Comment to Pennsylvania Rule of Criminal Procedure 519 is approved in the following form.
This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective August 1, 2013.
Annex A
TITLE 234. RULES OF CRIMINAL PROCEDURE
CHAPTER 5. PRETRIAL PROCEDURES IN COURT CASES
PART B(3). Arrest Procedures in Court Cases
(b) Arrests Without Warrant Rule 519. Procedure in Court Cases Initiated by Arrest Without Warrant.
* * * * *
Comment * * * * * By statute, a defendant may not be released but must be brought before the issuing authority for a prelimin- ary arraignment when a police officer has arrested the defendant for failure to comply with the registra- tion requirements for sexual offenders, see 18 Pa.C.S. § [4915(E)(2)] 4915.1(e)(2), or when a police officer has arrested the defendant in a domestic violence case, see 18 Pa.C.S. § 2711. See also 23 Pa.C.S. § 6113(c) of the Protection from Abuse Act.
With reference to the provisions of paragraph (B)(2) relating to the issuance of a summons, see also Part B(2) of this Chapter, Summons Procedures.
For procedures in summary cases initiated by an arrest without warrant, see Rule 441.
Official Note: Original Rule 118 and 118(a) adopted June 30, 1964, effective January 1, 1965, suspended January 31, 1970, effective May 1, 1970. New Rule 118 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 130 September 18, 1973, effective January 1, 1974; amended December 14, 1979, effective April 1, 1980; amended April 24, 1981, effective July 1, 1981; amended January 28, 1983, effective July 1, 1983; Comment revised July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; renumbered Rule 102 and amended August 9, 1994, effective January 1, 1995; Comment revised September 26, 1996, effective immediately; renumbered Rule 518 and amended March 1, 2000, effective April 1, 2001; renumbered Rule 519 and amended May 10, 2002, effective September 1, 2002; amended June 30, 2005, effective August 1, 2006; Comment revised July 1, 2013, effective August 1, 2013.
Committee Explanatory Reports:
* * * * * Final Report explaining the July 1, 2013 revision of the Comment adding a cross-reference to 18 Pa.C.S. § 4915.1 published with the Court's Order at 43 Pa.B. 4062 (July 20, 2013).
FINAL REPORT1
Revision to the Comment to Pa.R.Crim.P. 519
Correction to Statutory Cross-Reference On July 1, 2013, effective August 1, 2013, upon the recommendation of the Criminal Procedural Rules Committee, the Court adopted the revision to the Comment to Rule of Criminal Procedure 519, adding a cross-reference to 18 Pa.C.S. 4915.1(e)(2).
On December 20, 2011, Governor Corbett signed into law Act 111 of 2011 that brings the state into compliance with the federal Adam Walsh Child Protection and Safety Act of 2006. Included in this statute is new section of Title 18, Section 4915.1(e)(2), governing arrest without warrant procedures when a sexually violent defendant fails to register. This new section is identical to former 18 Pa.C.S. § 4915(e)(2).2 The Rule 519 Comment had been revised in 2005 to add a cross-reference to this statute because the section, contrary to the release provisions in Rule 519, prohibits the release of a defendant following an arrest without a warrant on charges of failing to register. After reviewing the new statutory provisions, the Committee agreed that, to avoid any confusion that the new section might not be an exception to the release provisions in Rule 519, a reference to the new statutory provision has been added to the Rule 519 Comment and the previous reference to 18 Pa.C.S. § 4915(e)(2) has been removed.
[Pa.B. Doc. No. 13-1298. Filed for public inspection July 19, 2013, 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.
2 Former 18 Pa.C.S. § 4915, relating to failure to comply with registration of sexual offenders requirements, was derived from 2004, Nov. 24, P. L. 1243, No. 152, § 1; 2006, Nov. 29, P. L. 1567, No. 178, § 3; 2011, Dec. 20, P. L. 446, No. 111, § 1; 2012, July 5, P. L. 880, No. 91, § 1; and expired according to its own terms on December 20, 2012.
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