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COMMONWEALTH OF PENNSYLVANIA

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234 Pa. Code Rule 130. Venue; Transfer of Proceedings.

PART C. Venue, Location, and Recording of Proceedings
before Issuing Authority


Rule 130. Venue; Transfer of Proceedings.

 (A)  VENUE

 All criminal proceedings in summary and court cases shall be brought before the issuing authority for the magisterial district which in the offense is alleged to have occurred or before an issuing authority on temporary assignment to serve such magisterial district, subject, however, to the following exceptions:

   (1)  A criminal proceeding may be brought before any issuing authority of any magisterial district within the judicial district whenever the particular place within the judicial district which the offense is alleged to have occurred in unknown.

   (2)  When changes arising from the same criminal episode occur in more than one magisterial district within the same judicial district, the criminal proceeding on all the charges should be brought before one issuing authority in any one of the magisterial districts in which the charges arising from the same criminal episode occurred.

   (3)  When charges arising from the criminal episode occur in more than one judicial district, the criminal proceeding on all the charges may be brought before one issuing authority in a magisterial district within any of the judicial districts in which the charges arising from the same criminal episode occurred.

   (4)  Whenever an arrest is made without a warrant for any summary offense arising under the Vehicle Code, which allegedly occurred on a highway of the Pennsylvania Turnpike System or any controlled or limited access highway, or any right-of-way of such System or highway, or any other highway or highways of the Commonwealth, the defendant shall be taken and the proceeding shall be brought either where the offense allegedly occurred, or before the issuing authority for any other magisterial district within the same judicial dis- trict which, in the judgment of the arresting officer, is most convenient to the place of arrest without regard to the boundary line of any magisterial district or judicial district.

   (5)  When any offense is alleged to have occurred within 100 yards of the boundary between two or more magisterial districts of a judicial district, the proceeding may be brought in either or any of the magisterial districts without regard of the boundary lines of any county.

   (6)  When the president judge designates a magisterial district or a location in that district in which certain classes of offenses, which occurred in other specified magisterial districts, may be heard.

 (B)  TRANSFER OF PROCEEDINGS IN COURT CASES

   (1)  Prior to the completion of the preliminary hearing:

     (a)   When charges arising from a single criminal episode, which occurred in more than one judicial district,

       (i)   are filed in more than one judicial district, upon the filing with the issuing authority of a written agreement by the attorneys for the Commonwealth, the proceedings shall be transferred to the magisterial district in the judicial district selected by the attorneys for the Commonwealth; or

       (ii)   are filed in one judicial district, upon the filing of a written agreement by the attorneys for the Commonwealth, the proceedings shall be transferred to the magisterial district in the judicial district selected by the attorneys for the Commonwealth.

     (b)   When charges arising from a single criminal episode, which occurred in more than one magisterial district,

       (i)   are filed in more than one magisterial district, the proceedings may be transferred to the magisterial district selected by the attorney for the Commonwealth; or

       (ii)   are filed in one magisterial district, the proceedings may be transferred to another magisterial district selected by the attorney for the Commonwealth.

   (2)  The issuing authority shall promptly transmit to the issuing authority of the magisterial district to which the proceedings are being transferred a certified copy of all docket entries, together with all the original papers filed in the proceeding, a copy of the bail bond and any deposits in satisfaction of a monetary condition of bail, and a bill of the costs which have accrued but have not been collected prior to the transfer.

Comment

   When charges arising from a single criminal episode occur in more than one judicial district, the magisterial district in which the proceeding on all the charges is brought, i.e., the one with venue, may be any one of the magisterial districts in which the charges occurred. See Commonwealth v. Geyer, 687 A.2d 815 (Pa. 1996) (the compulsory joinder rule and 18 Pa.C.S. §  110 apply when two or more summary offenses arise from a single criminal episode).

   Similarly, when charges arising from a single criminal episode occur in more than one magisterial district within one judicial district, the magisterial district in which the proceeding on all the charges is brought, i.e., the one with venue, may be any one of the magisterial districts in which the charges occurred.

   The decision of in which magisterial district in paragraph (A)(2) or in which judicial district in paragraph (A)(3) the proceedings are to be brought is to made initially by the law enforcement officers or attorneys for the Commonwealth. In making the decision, the law enforcement officers or attorneys for the Commonwealth must consider in which magisterial district under paragraph (A)(2) or in which judicial district under paragraph (A)(3) it would be in the interests of justice to have the case proceed, based upon the convenience of the defendant and the witnesses, and the prompt administration of justice.

   Venue is not altered when an issuing authority conducts a proceeding from an advanced communication technology site outside the issuing authority’s magisterial district or judicial district.

   See Rule 134 (Objections to Venue) for the procedures to challenge a transfer of proceedings under this rule.

   See Rule 551 for the procedures to withdraw the prosecution.

   See Chapter 5 Part C concerning bail.

   Official Note

   Formerly Rule 154, adopted January 16, 1970, effective immediately; section (a)(3) adopted July 1, 1970, effective immediately; renumbered Rule 21 September 18, 1973, effective January 1, 1974; amended July 1, 1980, effective August 1, 1980; amended January 28, 1983, effective July 1, 1983; renumbered Rule 130 and amended March 1, 2000, effective April 1, 2001; amended April 20, 2000, effective July 1, 2000; amended September 19, 2000, effective January 1, 2001; amended May 10, 2002, effective September 1, 2002; amended May 21, 2004, effective July 1, 2004.

   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. 1477 (March 18, 2000).

   Final Report explaining the April 20, 2000 amendments concerning multiple charges arising from a single criminal episode published with the Court’s Order at 30 Pa.B. 2219 (May 6, 2000).

   Final Report explaining the September 19, 2000 amendments clarifying the application of the rule to both summary and court cases published with the Court’s Order at 30 Pa.B. 5135 (October 7, 2000).

   Final Report explaining the May 10, 2002 amendments concerning advanced communication technology published with the Court’s Order at 32 Pa.B. (May 25, 2002).

   Final Report explaining the May 21, 2004 changes concerning joinder published with the Court’s Order at 34 Pa.B. 2911 (June 5, 2004).

Source

   The provisions of this Rule 130 amended April 20, 2000, effective July 1, 2000, 30 Pa.B. 2211; amended September 19, 2000, effective January 1, 2001, 30 Pa.B. 5135; amended May 10, 2002, effective September 1, 2002, 32 Pa.B. 2582; amended May 21, 2004, effective July 1, 2004, 34 Pa.B. 2910. Immediately preceding text appears at serial pages (289070) to (289072).



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