THE COURTS
CLARION COUNTY
Order Establishing Local Rules of Procedure for Criminal Actions in the Court of Common Pleas; No. 963 CD 2006
[36 Pa.B. 4715]
[Saturday, August 26, 2006]
Order And Now, August 4, 2006 it is hereby ordered:
1. Clarion County Local Rule of Criminal Procedure L507(B) a copy of which follows this order, is adopted, effective October 1, 2006.
2. The Clarion County Court Administrator is directed to:
A. File seven (7) certified copies of this Order and the following Rules with the Administrative Office of Pennsylvania Courts.
B. Distribute two (2) certified copies of this Order, the following Rules and a computer diskette containing the text of the local rules, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
C. File one (1) certified copy of this Order and the following Rules with the Criminal Procedural Rules Committee.
D. Provide the Clarion County Prothonotary and Clerk of Courts with a copy of the Rules being amended, which shall be available for pubic inspection and copying. The Clarion County Prothonotary and Clerk of Courts shall, upon adoption of the previously listed Local Rules of Court, maintain a complete up to date set of the Clarion County Local Criminal Rules of Court as amended October 1, 2006, which shall be provided to the Prothonotary and Clerk of Courts by the Clarion County Court Administrator.
E. Provide a copy of the complete Clarion County Local Criminal Rules of Court as amended October 1, 2006, to each member of the local bar.
By the Court
JAMES G. ARNER,
President Judge
Local Rules of the Court of Common Pleas Preface
The rules of the Court of Common Pleas of Clarion County are intended to supplement the Rules of Criminal Procedure promulgated by the Supreme Court of Pennsylvania. The latter's system of numbering has been preserved. A local rule dealing with the same subject matter as that dealt with by a Pennsylvania Rule of Criminal Procedure has been given the same number as the Pennsylvania Rule of Criminal Procedure and is preceded by the letter ''L'' to indicate its local character. All local rules must be read in connection with the Pennsylvania Rules of Criminal Procedure bearing the same numbers.
RULES OF CRIMINAL PROCEDURE Rule L507(B) Approval of Police Complaints by Attorney for the Commonwealth
The District Attorney of Clarion County having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints by police officers, as defined in the Rules of Criminal Procedure, charging the following offenses:
Title 18 Section 908.1 Use or Possession of Electric or Electronic Incapacitation Device (intent to commit felony) Title 18 Section 909 Manufacture, Distribution, Use or Possession of Devices for Theft of Telecommunications Services Title 18 Section 910 Manufacture, etc. of Devices for Theft of Telecommunication Services Title 18 Section 911 Corrupt Organizations Title 18 Section 913 Possession of Firearm or Other Dangerous Weapon in Court Facility Title 18 Section 2102 Desecration of Flag Title 18 Section 2103 Insults to National or Commonwealth Flag Title 18 Section 2501 Criminal Homicide Title 18 Section 2502(a) Murder, First Degree Title 18 Section 2502(b) Murder, Second Degree Title 18 Section 2502(c) Murder, Third Degree Title 18 Section 2503 Manslaughter, Voluntary Title 18 Section 2504 Manslaughter, Involuntary Title 18 Section 2505 Causing or Aiding Suicide Title 18 Section 2506 Drug Delivery Resulting in Death Title 18 Section 2603 Criminal Homicide of Unborn Child Title 18 Section 2604 Murder of an Unborn Child Title 18 Section 2605 Voluntary Manslaughter of an Unborn Child Title 18 Section 2606 Aggravated Assault of an Unborn Child Title 18 Section 2701 Simple Assault Against Child 12 or under Title 18 Section 2702 Aggravated Assault Title 18 Section 2704 Assault by Life Prisoner Title 18 Section 2708 Use of Tear or Noxious Gas in Labor Disputes Title 18 Section 2710 Ethnic Intimidation Title 18 Section 2713 Neglect of Care-Dependent Person Title 18 Section 2714 Unauthorized Administration of Intoxicant Title 18 Section 2715 Threat to Use Weapons of Mass Destruction Title 18 Section 2716 Weapon of Mass Destruction Title 18 Section 2901 Kidnapping Title 18 Section 2904 Interference with the Custody of Children Title 18 Section 2905 Interference with Custody of Committed Persons Title 18 Section 2906 Criminal Coercion Title 18 Section 2907 Disposition of Ransom Title 18 Section 3121 Rape Title 18 Section 3122.1 Statutory Sexual Assault Title 18 Section 3123 Involuntary, Deviate Sexual Intercourse Title 18 Section 3124.1 Sexual Assault Title 18 Section 3124.2 Institutional Sexual Assault Title 18 Section 3125 Aggravated Indecent Assault Title 18 Section 3126
(a)(4),(5),(6),(7),(8)Indecent Assault Title 18 Section 3129 Sexual Intercourse with Animal Title 18 Section 3204 Medical Consultation and Judgment Title 18 Section 3205 Informed Consent Title 18 Section 3206 Parental Consent Title 18 Section 3209 Spousal Notice Title 18 Section 3210 Determination of Gestational Age Title 18 Section 3211 Abortion on Unborn Child of 24 or More Weeks Gestational Age Title 18 Section 3212 Infanticide Title 18 Section 3213 Prohibited Acts Title 18 Section 3216 Fetal Experimentation Title 18 Section 3218 Criminal Penalties Title 18 Section 3301(a)(c)(f) Arson and Related Offenses Title 18 Section 3302 Catastrophe, Causing, or Risking Title 18 Section 3303 Failure to Prevent Catastrophe Title 18 Section 3502 Burglary (F1 only) Title 18 Section 3701 Robbery Title 18 Section 3702 Robbery of a Motor Vehicle Title 18 Section 3921 Theft by Unlawful Taking (over $25,000) Title 18 Section 3922 Theft by Deception (over $25,000) Title 18 Section 3923 Theft by Extortion (over $25,000) Title 18 Section 3924 Theft of Property Lost, Mislaid, or Delivered by Mistake (over $25,000) Title 18 Section 3925 Theft by Receiving Stolen Property (during disaster and/or over $25,000) Title 18 Section 3926 Theft of Services (over $25,000) Title 18 Section 3927 Theft by Failure to Make Required Disposition of Funds Received (over $25,000) Title 18 Section 3930 Theft of Trade Secrets by Force, Violence, or Burglary Title 18 Section 3931 Theft of Unpublished Dramas and Musical Compositions Title 18 Section 3932 Theft of Leased Property (over $25,000) Title 18 Section 3934 Theft from a Motor Vehicle (over $25,000) Title 18 Section 4102 Simulating Objects of Antiquity, Rarity, etc. Title 18 Section 4103 Fraudulent Destruction, Removal or Concealment of Recordable Instruments Title 18 Section 4105 Bad Checks (over $75,000) Title 18 Section 4106 Access device fraud (over $25,000) Title 18 Section 4107 Deceptive or Fraudulent Business Practices Title 18 Section 4107.1 Deception Relating to Kosher Food Products Title 18 Section 4107.2 Deception Relating to Certification of Minority Business Enterprise or Women's Business Enterprise Title 18 Section 4108 Commercial Bribery and Breach of Duty Title 18 Section 4109 Rigging Public Contest Title 18 Section 4112 Receiving Deposits; Failed Institution Title 18 Section 4116 Copying; Recording Devices Title 18 Section 4116.1 Unlawful Operation of Recording Device in Motion Picture Theater Title 18 Section 4117 Insurance Fraud (over $25,000) Title 18 Section 4120 Identity Theft (victim over 60, or total value over $2,000) Title 18 Section 4301 Bigamy Title 18 Section 4302 Incest Title 18 Section 4303 Concealing Death of Child Title 18 Section 4305 Dealing in Infant Children Title 18 Section 4583.1 Aggravated Jury Tampering Title 18 Section 4701 Bribery, Official and Political Matters Title 18 Section 4702 Threats, Official and Political Matters Title 18 Section 4703 Retaliation for Past Official Action Title 18 Section 4902 Perjury Title 18 Section 4909 Witness Taking Bribe Title 18 Section 4910 Tampering with or Fabricating Physical Evidence Title 18 Section 4952 Intimidation of Witnesses or Victims (Felonies only) Title 18 Section 4953 Retaliation Against Victim, Witness, or Party Title 18 Section 4953.1 Retaliation Against Prosecutor or Judicial Officer Title 18 Section 5103 Unlawfully Listening into Deliberations of Jury Title 18 Section 5106 Failure to Report Injuries by Firearm or Criminal Act Title 18 Section 5108 Compounding Title 18 Section 5109 Barratry Title 18 Section 5110 Contempt of General Assembly Title 18 Section 5111 Dealing in Proceeds of Unlawful Activities Title 18 Section 5301 Official Oppression Title 18 Section 5302 Speculating or Wagering on Official Action or Information Title 18 Section 5508 Disrupting Meetings Title 18 Section 5509 Desecration or Sale of Venerated Objects Title 18 Section 5510 Abuse of Corpse Title 18 Section 5511.3 Assault with Biological Agents on Animals Title 18 Section 5512 Lotteries Title 18 Section 5513 Gambling Devices Title 18 Section 5514 Pool Selling and Bookmaking Title 18 Section 5515 Prohibiting Paramilitary Training Title 18 Section 5516 Facsimile Weapons of Mass Destruction Title 18 Section 5703 Interception, Disclosure or Use of Wire, Electronic or Oral Communications Title 18 Section 5705 Possession, Sale, Distribution, Manufacture, or Advertisement of Interception Devices Title 18 Section 5903 Obscene and other Sexual Materials and Performances Title 18 Section 5902 Prostitution and Related Offenses (Felonies only) Title 18 Section 5904 Public Exhibition of Insane or Deformed Person Title 18 Section 6110.1 Possession of Firearm by Minor Title 18 Section 6111 Sale or Transfer of Firearms Title 18 Section 6115 Loans, Lending, Giving Firearms Prohibited Title 18 Section 6142 Locking Device for Firearms Title 18 Section 6303 Sale of Starter Pistols Title 18 Section 6304 Sale and Use of Air Rifles Title 18 Section 6312 Sexual Abuse of Children Title 18 Section 6319 Solicitation of Minors to Traffic Drugs Title 18 Section 6320 Sexual Exploitation of Children Title 18 Section 6703 Military Decorations Title 18 Section 6704 Fraud on Association Having Grand Lodge Title 18 Section 6707 False Registration of Domestic Animals Title 18 Section 6709 Use of Union Labels Title 18 Section 6710 Unauthorized Use of Registered Insignia Title 18 Section 6711 Retention of Military Property After Notice to Return Title 18 Section 6712 Use of Carts, Cases, Trays, Baskets, Boxes, and Other Containers Title 18 Section 6901 Extension of Water Line Title 18 Section 6910 Unauthorized Sale of Tickets Title 18 Section 7102 Drugs to Race Horses Title 18 Section 7103 Horse Racing Title 18 Section 7104 Fortune Telling Title 18 Section 7107 Unlawful Actions by Athlete Agents Title 18 Section 7302 Sale and Labeling of Solidified Alcohol Title 18 Section 7303 Sale or Illegal Use of Certain Solvents and Noxious Substances Title 18 Section 7304 Illegal Sale or Use of Certain Fire Extinguishers Title 18 Section 7306 Incendiary Devices Title 18 Section 7307 Out of State Convict Made Goods Title 18 Section 7308 Unlawful Advertising of Insurance Business Title 18 Section 7309 Unlawful Coercion in Contracting Insurance Title 18 Section 7310 Furnishing Free Insurance Title 18 Section 7311 Unlawful Collection Agency Practices Title 18 Section 7312 Debt Pooling Title 18 Section 7313 Buying or Exchanging Federal Food Order Coupons, Stamps, Authorization Cards or Access Devices Title 18 Section 7314 Fraudulent Traffic in Food Orders Title 18 Section 7315 Unauthorized Disposition of Donated Food Commodities Title 18 Section 7316 Keeping Bucket-Shop Title 18 Section 7317 Accessories, Bucket-Shop Title 18 Section 7318 Maintaining Bucket-Shop Premises Title 18 Section 7319 Bucket-Shop Contracts Title 18 Section 7321 Lie Detector Tests Title 18 Section 7322 Demanding Property to Secure Employment Title 18 Section 7323 Discrimination on Account of Uniform Title 18 Section 7324 Unlawful Sale of Dissertations, Thesis, Term papers Title 18 Section 7326 Disclosure of Confidential Tax Information Title 18 Section 7328 Operation of Certain Establishments Title 18 Section 7361 Worldly Employment or Business Title 18 Section 7503 Interest of Certain Architects in Public Works Contracts Title 18 Section 7504 Appointment of Special Police Title 18 Section 7505 Violation of Government Rules Regarding Traffic Title 18 Section 7506 Violation of Rules Regarding Conduct on Commonwealth Property Title 18 Section 7507 Breach of Privacy by Using a Psychological-Stress Evaluator, an Audio-Stress Monitor or a Similar Device without Consent Title 18 Section 7509 Furnishing Drug free urine Title 18 Section 7515 Contingent Compensation Title 18 Section 7611 Unlawful Use of Computer and Other Computer Crimes Title 18 Section 7612 Disruption of Service Title 18 Section 7613 Computer Theft Title 18 Section 7614 Unlawful Duplication Title 18 Section 7615 Computer Trespass Title 18 Section 7616 Distribution of Computer Virus Title 18 Section 7661 Unlawful Transmission of Electronic Mail Title 75 Section 3732 Homicide by Vehicle Title 75 Section 3735 Homicide by Vehicle while DUI Title 75 Section 3735.1 Aggravated Assault by Vehicle while DUI Title 75 Section 3742 Accidents Involving Death or Personal Injury (felonies only) Title 75 Section 3742.1 Accidents Involving Death or Personal Injury While Not Properly Licensed (felonies only) Title 35 Section 780-113(a) (1) Manufacture/Sale/Delivery of Adulterated Drug (2) Adulteration of Controlled Substance (3) False Advertisement (4) Removal of Detained Substance (5) Adulteration of Sellable Controlled Substance (6) Forging ID Under Act (7) Defraud Trademark (8) Selling Defrauded Trademark (9) Having Equipment to Defraud (10) Illegal Sale of Nonproprietary Drug (11) Illegal Pharmacy Operations (12) Acquisition by Fraud-Heroin, Marijuana (13) Dispense of Drugs to Drug Dependent Person (14) Delivery by Practitioner (15) Illegal Retail Sale (17) Dispensing of Drugs without Label (18) Illegal Sale Container (19) Intentional Unauthorized Purchase (20) Divulging Trade Secret
(21) Failure to Keep Records
(22) Refusal of Inspection
(23) Unauthorized Removal of Seals (24) Failure to Obtain License
(25) Manufacture by Unauthorized Party (26) Distribution by Registrant of Controlled Substance (27) Use of Fictitious Registration Number (28) False Application Material
(29) Production of Counterfeit Trademarks (30) Possession with Intent to Deliver (34) Ad for Drug Paraphernalia
(35) Illegal Sale of Non-Controlled Substance (36) Designer Drugs
(37) Possession of Steroids
(38) Unlawful Manufacture of Methamphetamine Title 42 Section 4583.1 Aggravated jury tampering shall not hereafter be accepted by any judicial officer unless the criminal complaint has the approval of an attorney for the Commonwealth prior to filing. Such rule shall become effective October 1, 2006.
[Pa.B. Doc. No. 06-1673. Filed for public inspection August 25, 2006, 9:00 a.m.]
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