THE COURTS

Title 234—RULES OF
CRIMINAL PROCEDURE

[234 PA. CODE CHS. 5 AND 10]

Order Amending Rules 540, 547, and 1003 of the Pennsylvania Rules of Criminal Procedure; No. 551 Criminal Procedural Rules Docket

[53 Pa.B. 7724]
[Saturday, December 16, 2023]

Order

Per Curiam

 And Now, this 30th day of November, 2023, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. 103(a):

 It is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rules 540, 547, and 1003 of the Pennsylvania Rules of Criminal Procedure are amended in the attached form.

 This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective immediately.

 Additions to the rule are shown in bold and are underlined.

 Deletions from the rule are shown in bold and brackets.

Annex A

TITLE 234. RULES OF CRIMINAL PROCEDURE

CHAPTER 5. PRETRIAL PROCEDURES IN
COURT CASES

PART D. Proceedings in Court Cases Before
Issuing Authorities

Rule 540. Preliminary Arraignment.

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Comment:

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 See Chapter 5, Part H, Rules 595, 596, 597, and 598, for the procedures governing requests for transfer from criminal proceedings to juvenile proceedings pursuant to 42 Pa.C.S. § 6322 in cases in which the defendant was under the age of 18 at the time of the commission of the alleged offense and charged with one of the offenses excluded from the definition of ''delinquent act'' in paragraphs (2)(i), (2)(ii), and (2)(iii) of 42 Pa.C.S. § 6302.

 For when an arresting officer is required to provide the name and contact information of the victim to the magisterial district court conducting the preliminary arraignment, see 18 P.S. § 11.201(2)(iii)(A).

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Rule 547. Return of Transcript and Original Papers.

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Comment:

*  *  *  *  *

 When arrest warrant information has been sealed pursuant to Rule 513.1, the arrest warrant information already will have been filed with the clerk of courts. When the case is transmitted to the court of common pleas, the clerk of courts should associate the transcript and other documents transmitted by the issuing authority with the original file created for the sealing procedure.

 For when the magisterial district court or the Philadelphia Municipal Court is required to transmit the contact information of the victim to the court of common pleas, see 18 P.S. § 11.201(2)(iii)(B).

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CHAPTER 10. RULES OF CRIMINAL PROCEDURE FOR THE PHILADELPHIA MUNICIPAL COURT AND THE PHILADELPHIA MUNICIPAL COURT TRAFFIC DIVISION

PART A. Philadelphia Municipal Court Procedures

Rule 1003. Procedure in Non-Summary Municipal Court Cases.

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Comment:

*  *  *  *  *

 Paragraphs (D)(3)(d)(iii) and (E) make it clear that, with some exceptions, the procedures in Municipal Court for both preliminary hearings and cases in which the defendant fails to appear for the preliminary hearing are the same as the procedures in the other judicial districts.

 For when an arresting officer is required to provide the name and contact information of the victim to the Philadelphia Municipal Court conducting the preliminary arraignment, see 18 P.S. § 11.201(2)(iii)(A).

*  *  *  *  *

SUPREME COURT OF PENNSYLVANIA

CRIMINAL PROCEDURAL RULES COMMITTEE

ADOPTION REPORT

Amendment of Pa.R.Crim.P. 540, 547, and 1003

 On November 30, 2023, the Supreme Court amended Pennsylvania Rules of Criminal Procedure 540, 547, and 1003. The Criminal Procedural Rules Committee has prepared this Adoption Report describing the rulemaking process. An Adoption Report should not be confused with Comments to the rules. See Pa.R.J.A. 103, cmt. The statements contained herein are those of the Committee, not the Court.

Background

 The Act of July 11, 2022, P.L. 758, No. 71 amended the Crime Victims Act to require an arresting officer to ''provide the name and contact information of the victim to the magisterial district court or the Philadelphia Municipal Court conducting the preliminary arraignment so that the victim may receive notice of any proceedings to modify bail conditions and exercise the opportunity to appear in accordance with paragraph (2.1)(iii).'' 18 P.S. § 11.201(2)(iii)(A). As amended, paragraph (2)(iii) also requires that the magisterial district court or the Philadelphia Municipal Court transmit this information with the transcript of the proceedings to the court of common pleas at the conclusion of the preliminary hearing.

Amendments

 As these statutory provisions are self-executing, only the Comments to Pa.R.Crim.P. 540, 547, and 1003 have been amended. The Comments to Pa.R.Crim.P. 540 and 1003 have been amended to include the following commentary: ''For when an arresting officer is required to provide the name and contact information of the victim to the [court] conducting the preliminary arraignment, see 18 P.S. § 11.201(2)(iii)(A).'' The Comment to Pa.R.Crim.P. 547 has been amended to advise: ''For when the magisterial district court or the Philadelphia Municipal Court is required to transmit the contact information of the victim to the court of common pleas, see 18 P.S. § 11.201(2)(iii)(B).''

 This proposal was not published for comment as the amended commentary only directs the reader to the relevant statute.

 These amendments are effective immediately.

[Pa.B. Doc. No. 23-1718. Filed for public inspection December 15, 2023, 9:00 a.m.]

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