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PA Bulletin, Doc. No. 22-1601

THE COURTS

Title 255—LOCAL COURT RULES

DAUPHIN COUNTY

Promulgation of Local Rules; No. 1793 S 1989

[52 Pa.B. 6531]
[Saturday, October 22, 2022]

Order

 And Now, this 3rd day of October, 2022, Dauphin County Local Rules of Criminal Procedure 202 and 507 are rescinded and replaced with the following:

Rule 202. Approval of Search Warrant Applications by Attorney for the Commonwealth.

 The District Attorney of Dauphin County, having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants arising out of an investigation of any of the following offenses:

 (1) Corrupt organizations in violation of 18 Pa.C.S.A. § 911;

 (2) Criminal homicide in violation of 18 Pa.C.S. § 2501;

 (3) Murder in any degree in violation of 18 Pa.C.S. § 2502;

 (4) Voluntary manslaughter in violation of 18 Pa.C.S. § 2503;

 (5) Involuntary manslaughter in violation of 18 Pa.C.S. § 2504;

 (6) Causing or aiding suicide in violation of 18 Pa.C.S. § 2505;

 (7) Drug delivery resulting in death in violation of 18 Pa.C.S. § 2506;

 (8) Criminal homicide of unborn child in violation of 18 Pa.C.S. § 2603;

 (9) Murder in any degree of unborn child in violation of 18 Pa.C.S. § 2604;

 (10) Voluntary manslaughter of unborn child in violation of 18 Pa.C.S. § 2605;

 (11) Aggravated assault of unborn child in violation of 18 Pa.C.S. § 2606;

 (12) Any offense under Chapter 29 of the Crimes Code, relating to Kidnapping;

 (13) Arson and related offenses in violation of 18 Pa.C.S.A. § 3301;

 (14) Dealing in proceeds of illegal activity in violation of 18 Pa.C.S.A. § 5111;

 (15) Homicide by vehicle in violation of 75 Pa.C.S. § 3732;

 (16) Homicide by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735;

 (17) Aggravated assault by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735.1;

 (18) Any offense under Chapter 30 of the Crimes Code, relating to Human Trafficking;

 (19) Any offense under Chapter 31 of the Crimes Code, relating to Sexual Offenses;

 (20) Prostitution and related offenses in violation of 18 Pa.C.S. § 5902;

 (21) Sexual abuse of children in violation of 18 Pa.C.S. § 6312;

 (22) Unlawful contact with a minor in violation of 18 Pa.C.S. § 6318;

 (23) Sexual exploitation of children in violation of 18 Pa.C.S. § 6320;

 (24) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any of the above offenses;

 (25) Any offense arising out of an incident for which the District Attorney of Dauphin County has given written notice to the investigating agency of his intent to review any charges brought in connection with that incident prior to filing shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

 In addition, any search warrant application involving the search for electronically stored data of any type, including but not limited to search warrants for mobile telephones, computers, other electronic devices, USB drives, external hard drives, remotely stored data and social media accounts, shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

Rule 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

 The District Attorney of Dauphin County, having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers as defined in the Rules of Criminal Procedure charging:

 (1) Corrupt organizations in violation of 18 Pa.C.S.A. § 911;

 (2) Criminal homicide in violation of 18 Pa.C.S. § 2501;

 (3) Murder in any degree in violation of 18 Pa.C.S. § 2502;

 (4) Voluntary manslaughter in violation of 18 Pa.C.S. § 2503;

 (5) Involuntary manslaughter in violation of 18 Pa.C.S. § 2504;

 (6) Causing or aiding suicide in violation of 18 Pa.C.S. § 2505;

 (7) Drug delivery resulting in death in violation of 18 Pa.C.S. § 2506;

 (8) Criminal homicide of unborn child in violation of 18 Pa.C.S. § 2603;

 (9) Murder in any degree of unborn child in violation of 18 Pa.C.S. § 2604;

 (10) Voluntary manslaughter of unborn child in violation of 18 Pa.C.S. § 2605;

 (11) Aggravated assault of unborn child in violation of 18 Pa.C.S. § 2606;

 (12) Aggravated assault in violation of 18 Pa.C.S. § 2702(a)(4);

 (13) Any offense under Chapter 29 of the Crimes Code, relating to Kidnapping;

 (14) Arson and related offenses in violation of 18 Pa.C.S.A. § 3301;

 (15) Dealing in proceeds of illegal activity in violation of 18 Pa.C.S.A. § 5111;

 (16) Homicide by vehicle in violation of 75 Pa.C.S. § 3732;

 (17) Homicide by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735;

 (18) Aggravated assault by vehicle while driving under influence in violation of 75 Pa.C.S. § 3735.1;

 (19) Any offense under Chapter 30 of the Crimes Code, relating to Human Trafficking;

 (20) Any offense under Chapter 31 of the Crimes Code, relating to Sexual Offenses;

 (21) Prostitution and related offenses in violation of 18 Pa.C.S. § 5902;

 (22) Sexual abuse of children in violation of 18 Pa.C.S. § 6312;

 (23) Unlawful contact with a minor in violation of 18 Pa.C.S. § 6318;

 (24) Sexual exploitation of children in violation of 18 Pa.C.S. § 6320;

 (25) Criminal attempt, criminal solicitation, or criminal conspiracy to commit any of the above offenses;

 (26) Criminal conspiracy to commit any offense not listed above, if the underlying offense is not also charged;

 (27) Any offense arising out of an incident for which the District Attorney of Dauphin County has given written notice to the investigating agency of his intent to review any charges brought in connection with that incident prior to filing shall not hereafter be issued by any judicial officer unless the complaint and affidavit have the approval of an attorney for the Commonwealth prior to filing.

 The above amendments shall be published in the Pennsylvania Bulletin and will become effective thirty (30) days from the date of publication.

By the Court

JOHN F. CHERRY, 
President Judge

[Pa.B. Doc. No. 22-1601. Filed for public inspection October 21, 2022, 9:00 a.m.]


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