THE COURTS

Title 255—LOCAL COURT RULES

DELAWARE COUNTY

Local Rule No. 507 Approval of Police Complaints and Arrest Affidavits by the Attorney for the Commonwealth; No. MD 1545-17

[51 Pa.B. 11]
[Saturday, January 2, 2021]

Administrative Order

 And Now, this 9th day of December, 2020, it is hereby Ordered and Decreed that the following local Rule 507 is Adopted.

 This local Rule 507 Shall become effective thirty (30) days after publication of the same in the Pennsylvania Bulletin.

 Upon publication of the following local Rule 507 and the same taking effect, the previous local Rule(s) 507A¹ Shall be contemporaneously Rescinded.

By the Court

KEVIN F. KELLY, 
President Judge

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

 (A) The District Attorney of Delaware County having past filed a certificate pursuant to Pennsylvania Rule of Criminal Procedure 507—Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth, as defined in the Rules of Criminal Procedure, charging the following criminal offenses:

 • Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;

 • Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;

 • Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;

 • Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;

 • Causing or aiding suicide in violation of 18 Pa.C.S.A. Section 2505;

 • Drug delivery resulting in death in violation of 18 Pa.C.S.A. Section 2506;

 • Criminal Homicide of unborn child in violation of 18 Pa.C.S.A. Section 2603;

 • Murder in any degree of unborn child in violation of 18 Pa.C.S.A. Section 2604;

 • Voluntary Manslaughter of unborn child in violation of 18 Pa.C.S.A. Section 2605;

 • Aggravated Assault of unborn child in violation of 18 Pa.C.S.A. Section 2606;

 • Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732;

 • Homicide by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735;

 • Aggravated Assault by vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.1;

 • Aggravated Assault by Vehicle in violation of 75 Pa.C.S.A. Section 3732.1;

 • Rape in violation of 18 Pa.C.S.A. Section 3121;

 • Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;

 • Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;

 • Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;

 • Institutional Sexual Assault in violation of 18 Pa.C.S.A. Section 3142.2;

 • Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125; and

 • Personal Use Marijuana, 35 Pa.C.S.A. Section 780-113(a)(31).

 Such police complaints and/or arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the Complaint and/or Affidavit have the approval of a Deputy District Attorney, Chief Assistant District Attorney or the First Assistant District Attorney of the Delaware County District Attorney's Office prior to filing.

 (B) Upon disapproval of a police complaint, arrest warrant affidavit and/or both by a reviewing Commonwealth's attorney, the lawyer for the Commonwealth shall furnish to the police officer who prepared the complaint, affidavit, or both a written notice of the disapproval, in substantially the following form, and the Commonwealth's attorney shall maintain a record of the written notice.

District Attorney File No. ______

NOTICE AND RECORD OF DISAPPROVAL

COMMONWEALTH OF PENNSYLVANIA

Complaint/Affidavit/                  

VS.                   Application of: _________________

_________________Charge: _________________
_________________Police Number: _________________
_________________Police Department: _________________
Time: _________________
Occurrence Date: _________________Location: _________________

SUMMARY OF FACTS AND PROBABLE CAUSE:
_________________
_________________
_________________

CLEAN/NCIC check reveals no outstanding warrants:
Date _________________Source of Information _________________

REASON(S) FOR DISAPPROVAL (Please check appropriate reason)
____ IC=Insufficient Corroboration____ UV=Unavailable or Uncooperative Victim
____ IE=Insufficient Evidence____ WC=Witness Credibility Contradicted
____ II=Identification Inconclusive____ ID=Inadequate Description of Persons,
____ IJ=Interest of Justic                         Premises Or Property
____ IS=Inadmissible Evidence____ NS=Insufficient Cause for
____ IP=Insufficient Probable Cause                  Nighttime Search
____ LJ=Lacks Jurisdiction
____ LP=Lacks Prosecutorial Merit
____ UW=Unavailable or Uncooperative Witness

Other:_________________
_________________
_________________

DISAPPROVED BY: _________________

Attorney for the Commonwealth

Date: _________________

 (C) No defendant shall have the right to any relief of any kind based solely on a violation of this Rule.

[Pa.B. Doc. No. 21-4. Filed for public inspection December 31, 2020, 9:00 a.m.]

_______

¹  See Orders dated March 4, 2014, No. MD 525-2014, and 44 Pa.B. 1878 (March 29, 2014); and Order dated February 10, 2020, No. MD 1545-17 and 50 Pa.B. 1504 (March 14, 2020).

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