Title 255—LOCAL COURT RULES
Certification Pursuant to Pa.R.Crim.P. Rule 507; M.D.-120-2020
[50 Pa.B. 3011]
[Saturday, June 20, 2020]
Order of Court
And Now, this 2nd day of June, 2020, in compliance with Rule 103(d) of the Pennsylvania Rules of Judicial Administration, it is Hereby Ordered that the Court adopts the following Rule of Criminal Procedure Rule 507 regarding Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth which becomes effective August 1, 2020.
The Court Administrator is Hereby Ordered to:
1) File one certified copy of this Order with the Administrative Office of Pennsylvania Courts to email@example.com;
2) Submit two paper copies of this Order to the Legislative Reference Bureau and one electronic copy in Microsoft Word format only to Bulletin@palrb.us for publication in the Pennsylvania Bulletin;
3) Provide one copy of this Order to the members of the Indiana County Bar Association;
4) Incorporate the Rule into the set of Local Rules within thirty (30) days of publication of the Local Rule in the Pennsylvania Bulletin and publish the rules on the Court's website at www.IndianaCountyPA.gov;
5) File this Order in the Prothonotary's Office of Indiana County.
Rule of Criminal Procedure 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.
The District Attorney of Indiana County having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrants affidavits by police officers, as defined in the Rules of Criminal Procedure, charging:
1) All offenses set forth in Chapter 25 (Criminal Homicide) of the Crimes Code.
2) All offenses set forth in Chapter 26 (Crimes Against Unborn Child) of the Crimes Code.
3) The following offenses set forth in Chapter 27 (Assault) of the Crimes Code
a. 18 Pa.C.S.A. § 2702—Aggravated Assault sections (1)(2)(9) (F1 grading)
b. 18 Pa.C.S.A. § 2713—Neglect of a Care-Dependent Person when the victim suffers serious bodily injury.
c. 18 Pa.C.S.A. § 2718—Strangulation
4) All offenses set forth in Chapter 29 (Kidnapping) of the Crimes Code except for:
a. 18 Pa.C.S.A. § 2902—Unlawful Restraint, and
b. 18 Pa.C.S.A. § 2903 False Imprisonment
5) All offenses set forth in Chapter 30 (Human Trafficking) of the Crimes Code.
6) All offenses set forth in Chapter 31 (Sexual Offenses) of the Crime Code except for:
a. 18 Pa.C.S.A. § 3126—Indecent Assault
b. 18 Pa.C.S.A. § 3127 Indecent Exposure
7) All offenses set forth in Chapter 32 (Abortion) of the Crimes Code.
8) 18 Pa.C.S.A. § 3301—Arson
9) All offenses set forth in Chapter 37 (Robbery).
10) All offenses set forth in Chapter 39 (Theft and Related offenses) under the Crimes Code in which the value of the theft exceeds $50,000.00.
11) All offenses set forth in Chapter 43 (Offenses against the Family) except for:
a. 18 Pa.C.S.A. § 4304 when charged as a misdemeanor.
12) 18 Pa.C.S.A. § 5111—Dealing in Proceeds of Unlawful Activities.
13) The following offenses under Chapter 55, Subsection A (Riot, Disorderly Conduct and Related Offenses):
a. 18 Pa.C.S.A. § 5501—Riot
b. 18 Pa.C.S.A. § 5509 Desecration, Theft or sale of venerated objects
c. 18 Pa.C.S.A. § 5510 Abuse of a Corpse
14) 35 P.S. § 780-113(30) Possession of a Controlled Substance with Intent to Deliver/Manufacture.
15) All offenses under Chapter 55, Subsection B (Riot, Disorderly Conduct and Related Offenses) (Cruelty to Animals) graded as Felony Offenses.
16) All offenses set forth in Chapter 57 (Wiretapping and Electronic Surveillance) of the Crimes Code.
17) All offenses set forth in Chapter 63 (Minors) of the Crimes Code graded as Felony Offenses.
18) 55 Pa.C.S.A. § 5502.1—Homicide by Watercraft While Operating Under the Influence
19) 55 Pa.C.S.A. § 5502.2—Homicide by Watercraft
20) The following offenses set forth in Chapter 37 (Miscellaneous Provisions), Subchapter B (Serious Traffic Offenses) of the Vehicle Code:
a. 75 Pa.C.S.A. § 3732—Homicide by Vehicle
b. 75 Pa.C.S.A. § 3732.1—Aggravated Assault by Vehicle
c. 75 Pa.C.S.A. § 3735—Homicide by Vehicle While DUI
d. 75 Pa.C.S.A. § 3735.1—Aggravated Assault by Vehicle While DUI
21) Attempt, Conspiracy or Solicitation to Commit any of the Above Offenses.
22) Any offense arising out of an incident for which the District Attorney of Indiana 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 accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.
By the Court
WILLIAM J. MARTIN,
[Pa.B. Doc. No. 20-785. Filed for public inspection June 19, 2020, 9:00 a.m.]
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