Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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234 Pa. Code Rule 100. Scope of Rules.

Rule 100. Scope of Rules.

 (A)  These rules shall govern criminal proceedings in all courts including courts not of record. Unless otherwise specifically provided, these rules shall not apply to juvenile or domestic relations proceedings.

 (B)  Each of the courts exercising criminal jurisdiction may adopt local rules of procedure in accordance with Rule 105.

Comment

   Under the 1974 amendment, the Pennsylvania Rules of Criminal Procedure, formerly inapplicable to summary cases in Philadelphia, now apply to such cases as specified in Chapter 10.

   These rules apply to proceedings involving juveniles only to the extent that the Juvenile Act does not vest jurisdiction in the Juvenile Court, and as provided in the Rules of Juvenile Court Procedure. See, e.g., Juvenile Act, 42 Pa.C.S. § §  6302—6303, 6355; Vehicle Code, 75 Pa.C.S. §  6303, and Rules of Juvenile Court Procedure 105 (Search Warrants), 395 (Procedure to Initiate Criminal Information), and 396 (Bail). These rules also apply to cases in which an individual under the age of 18 allegedly commits a crime but the charges are not filed until the individual is 21 and therefore outside the Juvenile Act’s definition of child. See 42 Pa.C.S. §  6302. See also Commonwealth v. Monaco, 869 A.2d 1026 (Pa. Super. 2005).

   Official Note

   Prior rule suspended effective May 1, 1970. Present Rule 1 adopted January 31, 1970, effective May 1, 1970; amended April 26, 1972, effective immediately; amended June 28, 1974, effective July 1, 1974; amended January 28, 1983, effective July 1, 1983; Comment revised July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; renumbered Rule 100 and amended March 1, 2000, effective April 1, 2001; Comment revised April 1, 2005, effective October 1, 2005; Comment revised January 18, 2013, effective May 1, 2013.

   Committee Explanatory Reports:

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

   Final Report explaining the April 1, 2005 Comment revision concerning Rules of Juvenile Court Procedure published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005).

   Final Report explaining the January 18, 2013 Comment revision concerning application of Criminal Rules to cases involving individuals under the age of 18 at time of offense and over 21 at time charges filed published with the Court’s Order at 43 Pa.B. 653 (February 2, 2013).

Source

   The provisions of this Rule 100 amended April 1, 2005, effective October 1, 2005, 35 Pa.B. 2210; amended January 18, 2013, effective May 1, 2013, 43 Pa.B. 652. Immediately preceding text appears at serial pages (360823) to (360824).



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