[29 Pa.B. 1360]
[Continued from previous Web Page] Comment:
This rule is derived from Rule 86(B) and (C).
Under paragraph (B), the stay applies to all ''sentences'' imposed after conviction, including sentences of imprisonment, fines and costs, or restitution, and sentences of imprisonment for defaults in payment pursuant to Rule 456.
Committee Explanatory Reports:
Former Rule 86(B) and (C):
Final Report explaining the October 1, 1997 addition of paragraphs (B) and (C) to Rule 86 published with the Court's Order at 27 Pa.B. 5408 (October 18, 1997).
Renumbered Rule 461:
Report explaining the reorganization of the rules and the provisions of Rule 461 published at 29 Pa.B. 1369 (March 13, 1999).
(This rule is derived from Rules 86(G), and 1117(c).)
Rule 462. Trial De Novo.
(A) When a defendant appeals after conviction by an issuing authority in any summary proceeding, upon the filing of the transcript and other papers by the issuing authority, the case shall be heard de novo by the judge of the court of common pleas sitting without a jury.
(B) The attorney for the Commonwealth may appear and assume charge of the prosecution. When the violation of an ordinance of a municipality is charged, an attorney representing that municipality, with the consent of the attorney for the Commonwealth, may appear and assume charge of the prosecution. When no attorney appears on behalf of the Commonwealth, the affiant may be permitted to ask questions of any witness who testifies.
(C) In appeals from summary proceedings arising under the Vehicle Code or local traffic ordinances, other than parking offenses, the law enforcement officer who observed the alleged offense must appear and testify. Unless the presence of the law enforcement officer is waived in open court by the defendant, the failure of the officer to appear and testify shall result in a dismissal of the charges.
(D) If the defendant fails to appear, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.
(E) If the defendant withdraws the appeal, the trial judge shall enter judgment in the court of common pleas on the judgment of the issuing authority.
(F) The verdict and sentence, if any, shall be announced in open court immediately upon the conclusion of the trial.
(G) At the time of sentencing, the trial judge shall:
(1) if the defendant's sentence includes restitution, a fine, or costs, state the date on which payment is due. If the defendant is without the financial means to pay the amount in a single remittance, the trial judge may provide for installment payments and shall state the date on which each installment is due;
(2) advise the defendant of the right to appeal to the Superior Court within 30 days, and that, if an appeal is filed, the execution of sentence will be stayed and the trial judge may set bail;
(3) if a sentence of imprisonment has been imposed, direct the defendant to appear for the execution of sentence on a date certain unless the defendant files a notice of appeal within the 30-day period; and
(4) issue a written order imposing sentence, signed by the trial judge. The order shall include the information specified in paragraphs (G)(1) through (G)(3), and a copy of the order shall be given to the defendant.
Official Note: Former Rule 86 adopted July 12, 1985, effective January 1, 1986; revised September 23, 1985, effective January 1, 1986; the January 1, 1986 effective dates extended to July 1, 1986; amended February 2, 1989, effective March 1, 1989; amended March 22, 1993, effective January 1, 1994; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995; amended February 27, 1995, effective July 1, 1995; amended October 1, 1997, effective October 1, 1998. Former Rule 1117 adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995. Former Rules 86(G), and 1117(c) combined, renumbered Rule 462, and amended _____, effective _____.
Comment:
This rule is derived from former Rule 86(G), and former Rule 1117(c).
The procedures for conducting the trial de novo in the court of common pleas set forth in paragraphs (B), (F), and (G) are comparable to the summary case trial procedures in Rule 454 (Trial in Summary Cases).
Pursuant to paragraph (B), the decision whether to appear and assume control of the prosecution of the trial de novo is solely within the discretion of the attorney for the Commonwealth. When no attorney appears at the trial de novo on behalf of the Commonwealth or a municipality, the trial judge may ask questions of any witness who testifies, and the affiant may request the trial judge to ask specific questions. In the appropriate circumstances, the trial judge may also permit the affiant to question Commonwealth witnesses, cross-examine defense witnesses, and make recommendations about the case to the trial judge.
Paragraph (D) makes it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo. If the appeal is dismissed, the trial judge should enter judgment and order execution of any sentence imposed by the issuing authority.
Committee Explanatory Reports:
Former Rule 86:
Final Report explaining the March 22, 1993 amendments to former Rule 86 published with the Court's Order at 23 Pa.B. 1699 (April 10, 1993).
Final Report explaining the October 28, 1994 amendments to former Rule 86 published with the Court's Order at 24 Pa.B. 5843 (November 26, 1994).
Final Report explaining the February 27, 1995 amendments to former Rule 86 published with the Court's Order at 25 Pa.B. 935 (March 18, 1995).
Final Report explaining the October 1, 1997 amendments to former Rule 86 concerning stays published with the Court's Order at 27 Pa.B. 5408 (October 18, 1997).
Former Rule 1117:
Final Report explaining the October 28, 1994 amendments to former Rule 1117 published with the Court's Order at 24 Pa.B. 5841 (November 26, 1994).
Renumbered Rule 462:
Report explaining the reorganization of the rules and the provisions of Rule 462 published at 29 Pa.B. 1369 (March 13, 1999).
Rule [1117] 602. Presence of the Defendant.
[(a)] (A) * * *
[(b)] (B) * * *
[(c) In a summary case appealed for a trial de novo, if the defendant fails to appear as required by Rule 86, the trial judge may dismiss the appeal and enter judgment in the court of common pleas on the judgment of the issuing authority.]
Official Note: Formerly Rule 1117, [Adopted] adopted January 24, 1968, effective August 1, 1968; amended October 28, 1994, effective as to cases instituted on or after January 1, 1995[.] ; renumbered Rule 602 and amended _____, effective _____.
Comment:
[Paragraph] Former Rule 1117(c) was moved to Rule 462 (Trial de novo) in 1999 as part of the reorganization of the rules. [added in 1994 to make it clear that the trial judge may dismiss a summary case appeal when the judge determines that the defendant is absent without cause from the trial de novo. If the appeal is dismissed, the trial judge should enter judgment and order execution of any sentence imposed by the issuing authority.]
Committee Explanatory Reports:
Former Rule 1117:
Final Report explaining the October 28, 1994 amendments to former Rule 1117 published with the Court's Order at 24 Pa.B. 5841 (November 26, 1994).
Renumbered Rule 602:
Report explaining the reorganization of the rules and the provisions of Rule 602 published at 29 Pa.B. 1369 (March 13, 1999).
Rule [1108] 633. Examination and Challenges of Alternate Trial Jurors.
[(a)] (A) The trial judge may direct that a reasonable even number of jurors in addition to the principal jurors be called and impanelled to sit as alternate jurors. [Alternate jurors in the order in which they are called shall replace principal jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. An alternate juror who does not replace a principal juror shall be discharged before the jury retires to consider its verdict.]
[(b)] (B) * * *
[(c)] (C) * * *
Official Note: Formerly Rule 1108, [Adopted] adopted January 24, 1968, effective August 1, 1968; amended June 30, 1975, effective September 28, 1975; amended July 1, 1980, effective August 1, 1980[.] ; renumbered Rule 633 and amended _____, effective _____.
Comment:
Paragraph [(b)] (B) of this rule sets forth the number of peremptory challenges for the selection of alternate trial jurors and is intended to replace the Act of May 1, 1935, P. L. 127, No. 50, 51, insofar as it applied to criminal trials. That Act was repealed by the Judiciary Act Repealer Act, [. Act of April 28, 1978, P. L. 202, No. 53, § 2(a);] 42 P. S. § 20002(a) [1156] [(1979)].
The number of peremptory challenges for the selection of principal trial jurors is governed by Rule [1126] 634. [The 1980 amendment to paragraph] Paragraph (B) [(b) is intended to reflect] reflects the different treatment, under Rule [1126] 634, of trials involving only one defendant and trials involving joint defendants.
Committee Explanatory Reports:
Renumbered Rule 633:
Report explaining the reorganization of the rules and the provisions of Rule 633 published at 29 Pa.B. 1369 (March 13, 1999).
(This rule is derived from Rule 1108(a).)
Rule 645. Seating and Discharge of Alternate Jurors.
(A) Alternate jurors, in the order in which they are called, shall replace principal jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.
(B) An alternate juror who does not replace a principal juror shall be discharged before the jury retires to consider its verdict.
Official Note: Formerly Rule 1108, [Adopted] adopted January 24, 1968, effective August 1, 1968; amended June 30, 1975, effective September 28, 1975; amended July 1, 1980, effective August 1, 1980[.] ; renumbered Rule 645 and amended _____, effective _____.
Comment:
This rule is derived from the last two sentences of former Rule 1108(a). See Rule 633 for the procedures for the examination and challenges of alternate trial jurors.
Committee Explanatory Reports:
Renumbered Rule 645:
Report explaining the reorganization of the rules and the provisions of Rule 645 published at 29 Pa.B. 1369 (March 13, 1999).
(This is an amalgamated rule, combining Rules 39, 159, 340, 1415, and 2020.)
Rule 1101. Suspension of Acts of Assembly.
This rule provides for the suspension of the following Acts of Assembly, as follows:
(A) The Act of June 15, 1994, P. L. 273, No. 45, § 1, 42 Pa.C.S. §§ 4137, 4138, and 4139, which provides, inter alia, that any punishment imposed for contempt will be ''automatically stayed for a period of 10 days from the date of the imposition of the punishment during which time an appeal of the action'' of a district justice, a Pittsburgh Magistrates Court judge, or a Philadelphia Traffic Court judge ''may be filed with the court of common pleas of the judicial district,'' and which is implemented by Rules 140, 141, and 142, is suspended only insofar as the Act is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141.
(B) The Act of April 29, 1959, P. L. 58, § 1209, 75 P. S. § 1209, repealed by Act of June 17, 1976, P. L. 162, No. 81, § 7 and replaced by Sections 6322, 6323, 6324, and 6325 of the Vehicle Code (75 Pa.C.S. §§ 6322--6325), are suspended insofar as these Sections are inconsistent with Rule 470.
(C) The Act of July 1, 1987, P. L. 180, No. 21, § 2, 42 Pa.C.S. § 1520, is suspended insofar as the Act is inconsistent with Rules 300, 301, 302, and Rules 310 through 320.
(D) The Public Defender Act, Act of December 2, 1968, P. L. 1144, No. 358, § 1 et seq. as amended through Act of December 10, 1974, P. L. 830, No. 277, § 1, 16 P. S. § 9960.1 et seq., is suspended only insofar as the Act is inconsistent with Rule 122.
(E) Section 5720 of the Wiretapping and Electronic Surveillance Control Act, Act of October 4, 1978, P. L. 831, No. 164, 18 Pa.C.S. § 5720, is suspended as inconsistent with Rule 573 only insofar as the Section may delay disclosure to a defendant seeking discovery under Rule 573B(1)(g); and Section 5721(b) of the Act, 18 Pa.C.S. § 5721(b), is suspended only insofar as the time frame for making a motion to suppress is concerned, as inconsistent with Rules 579 and 581.
(F) Sections 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 of the Sentencing Code, 42 Pa.C.S. §§ 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 are suspended as being inconsistent with the rules of Chapter 7.
(G) The Act of November 21, 1990, P. L. 588, No. 138, § 1, 42 Pa.C.S. § 8934, which authorizes the sealing of search warrant affidavits, and which is implemented by Rule 212, is suspended only insofar as the Act is inconsistent with Rules 205, 206, and 211.
Official Note: Former Rule 39 adopted October 1, 1997, effective October 1, 1998. Former Rule 159 adopted September 18, 1973, effective January 1, 1974; amended January 28, 1983, effective July 1, 1983; amended February 1, 1989, effective July 1, 1989; amended April 10, 1989, effective July 1, 1989; amended January 31, 1991, effective July 1, 1991. Former Rule 340 combined previous Rules 321 and 322, which were the prior suspension rules, and was adopted June 29, 1977, effective September 1, 1977; amended April 24, 1981, effective June 1, 1981; amended January 28, 1983, effective July 1, 1983. Former Rule 1415 adopted July 23, 1973, effective 90 days hence; paragraph (g) added March 21, 1975, effective March 31, 1975; amended August 14, 1995, effective January 1, 1996. Former Rule 2020 adopted September 3, 1993, effective January 1, 1994. Former Rules 39, 159, 340, 1415, and 2020 combined, renumbered Rule 1101, and amended _____, effective _____.
Comment:
This rule is derived from former Rules 39, 159, 340, 1415, and 2020, the rules previously providing for the suspension of legislation.
Committee Explanatory Reports:
Former Rule 39:
Final Report explaining the provisions of new Rule 39 published with the Court's Order at 27 Pa.B. 5401 (October 18, 1997).
Former Rule 159:
Report explaining the January 31, 1991 amendments to former Rule 159 published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).
Former Rule 1415:
Final Report explaining the August 14, 1995 amendments to former Rule 1415 published with the Court's Order at 25 Pa.B. 3472 (August 26, 1995).
Former Rule 2020:
Report explaining the provisions of former Rule 2020 published at 21 Pa.B. 3681 (August 17, 1991).
Renumbered Rule 1101:
Report explaining the reorganization of the rules and the provisions of Rule 1101 published at 29 Pa.B. 1369 (March 13, 1999).
Report
Proposed Reorganization of the Rules of Criminal Procedure, and Correlative Amendments The Committee is proposing that the Rules of Criminal Procedure be reorganized and renumbered so the rules are presented in a more logical order, which will make the rules easier to follow to the conclusion of a criminal proceeding.
Introduction
The impetus for this proposal stems from the Committee's history of the development of the Criminal Rules. From the Committee's inception, as it was developing statewide uniform procedures for criminal cases, in an effort to get rules in place in a timely fashion, the Committee was recommending blocks of new rules related to similar topics, rather than all the rules as a total package. As new segments were recommended, the new rules were not always integrated into the existing rules in an orderly manner, but rather were ''fitted in'' where there was room, so that, for example, the search warrant rules follow the sentencing rules, although they more logically belong at the beginning of the process. Over the years, the Committee has been frequently reminded of the illogic in the organization of some of the rules as it worked on rule projects. To address this organizational problem, when the opportunity has presented itself, albeit in a piecemeal fashion, the Committee has undertaken the reorganization of groups of rules within specific Chapters.3
In our ongoing monitoring of all aspects of the criminal justice system, the Committee has been aware that, while the people who are presently involved with the criminal justice system on a regular basis are, for the most part, familiar with organization of the rules and are comfortable working with the current organization, there are numerous other individuals who are not regularly involved in the criminal justice system, and therefore are unfamiliar with the present organization of the rules, as well as new people who regularly become involved with the criminal justice system,4 and all these people encounter difficulties in working with the rules and moving cases through the system. The Committee also noted that, even for people who are regularly involved with criminal procedures, there are occasions when unfamiliar issues arise, and, because of the illogical order of the rules, a familiarity with the present organization does not always eliminate the difficulty they have in finding the relevant rules that address these unfamiliar issues.
No longer satisfied with the piecemeal approach to reorganization that has been the process in the past, the Committee agreed that the criminal justice system as a whole would be benefitted by the reorganization of all the rules in a logical progression that more closely mirrors the progression of a case through the system. We believe that the recommended changes will not significantly affect those who work with the rules on a daily basis, and will simplify the procedures for new people and others who less frequently come in contact with the criminal justice system.5
Discussion
Using the ''Table of Rules'' as a starting point, the Committee initially considered reorganizing the rules into four chapters: General Provisions, Summary Case Rules, Court Case Rules, and Municipal Court Rules, with the rules in each chapter preceded by the number of the chapter and a hyphen. However, after working with this format, the Committee thought it was too limiting and less informative than the present chapter system, and concluded that the organization would be clearer and the rules easier to use if they continued to be separated into multiple chapters, each covering a separate category of procedures.
The reorganization the members settled on has eleven chapters, starting with Chapter 1. The rules are numbered starting with 100, leaving some ''gaps'' in the numbers to allow for future growth. Within some chapters are subdivisions or Parts, similar to the subdivisions in the current rules, and, whenever possible, the rule numbering within each Part of a chapter starts with a different series of numbers, except in those cases in which the Parts are interrelated.
In addition to the overall reorganization, there are a number of organizational rule changes that are described below in Part II. These rule changes include the proposed ''new'' rules that the Committee has developed by combining or separating existing rules. These rules are ''new'' only in the sense that they have not been previously combined or separated. There are no substantive changes. See, e.g., ''new'' Rule 109, combining former Rules 90 and 150, and ''new'' Rules 633 and 645, separating former Rule 1108. There are also a few rules marked (Reserved). These ''reserved'' rules cover substantive areas that have no counterpart in the current rules. These are procedural areas that the Committee may consider at a future time.
I. Reorganization6
(1) New Chapter 1 (General Provisions) covers all the procedures that apply generally to all cases, or at all stages of the proceedings, and includes the following current rules:
(a) Rules 1 through 6;
(b) Rule 301 (Continuances) made applicable to both summary and court cases;
(c) Rule 9016 (Contents of Subpoena);
(d) Rule 1701 (Habeas Corpus Venue);
(e) Rules 302, 316, 317, and 318 governing the procedures relating to counsel, and a possible new rule governing in forma pauperis proceedings;7
(f) Rules 27, 326, 327, and 328 that address the procedures related to public comment, publicity, and broadcasting, with Rules 27 and 328 combined into one rule applicable to all cases;
(g) the rules in Chapters 20 and 30;
(h) Rules 90 and 150 governing defects in form, content, or procedure in summary and court cases, combined into one rule applicable to all cases;
(i) Rules 9024 and 9025 concerning notices; and
(j) Rule 9030 concerning recording and transcribing court proceedings.
(2) New Chapter 2 (Investigations) is divided into two Parts consisting of (1) the search warrant rules, current Chapter 2000, and (2) the investigating grand jury rules, current Chapter 200, Parts II and III. These rules have been moved up in the organization because these procedures could occur at anytime, including before a case is instituted.
(3) The ARD rules, Rules 160--186, continue to be separate, and have been moved into new Chapter 3 (Accelerated Rehabilitative Disposition).
(4) New Chapter 4 (Procedures in Summary Cases) incorporates former Chapter 50 governing all the proceedings in summary cases, and is broken into Parts comparable to the Parts in current Chapter 50. The following changes have been made:8
(a) Rule 95 concerning the institution of proceedings involving parking violations has been moved to the beginning of the chapter because this rule also covers the institution of proceedings.
(b) The summary arrest procedures have been joined together in Part D (Arrest Procedures in Summary Cases), with the order of the arrest with warrant and arrest without warrant rules switched, so the summary case rules are in the same order as the court case rules, see part (5)(b)(i) below.
(c) A separate new part, Part F, has been created to more clearly set forth the procedures for appeals for trial de novo. ''New'' rules have been created from Rules 83, 86, and 1117 that cover the notice of appeal, stays pending and during the appeal, and the trial de novo. The new trial de novo rule provides that the trial will continue to be conducted in the court of common pleas, and sets forth procedures for conducting the trial de novo that are comparable to the trial provisions of Rule 83, including a provision to make it clear that the attorney for the Commonwealth has the discretion of whether to appear for the trial de novo.
(5) New Chapter 5 (Pretrial Procedures in Court Cases) incorporates the following current rules:
(a) Rules 9015 and 9015A concerning preservation of testimony have been moved into this Chapter as Part A (Preservation of Testimony), because the procedures in these rules only apply to court cases, but are generally applicable to all stages of the proceedings in a court case.
(b) Rules 101--124 of current Chapter 100 (Procedure in Court Cases) have been moved into Part B (Instituting Proceedings), with the following changes:
(i) Rule 101 has been renamed ''Instituting Proceedings in Court Cases''; and
(ii) Rule 102 concerning warrantless arrests has been moved to Part B(3) (Arrest Procedures in Court Cases), and follows the arrest warrant rules.
(c) Current Chapter 4000 (Bail) has been moved to new Part C, with Rule 4009 concerning bail after the finding of guilt moved to follow Rule 4001 concerning bail before verdict. Rule 4017 concerning the detention of witnesses has been moved to follow Rule 4009, because the detention of witness rule goes to the issue of setting bail, albeit for witnesses. The divisions in current Chapter 4000 are retained in new Part C.
(d) Rules 140--151, the rules governing court case proceedings before issuing authorities, follow the bail section as Part D (Proceedings in Court Cases Before Issuing Authorities).
(e) Rules 224--229, 231, and 232 concerning the procedures related to informations have been moved to be Part E (Informations). Chronologically, an information is prepared after the case is held for court.
(f) Most of the rules in Chapter 300, except where noted otherwise, have been moved into Part F (Procedures Following Filing of Information), Part F(1) (Motion Procedures), and Part G (Plea Procedures). The rules from Chapter 300 and other rules have been reorganized in Part F as follows:
(i) Part F includes Rule 311 (Pretrial Conference), Rule 303 (Arraignment), Rule 304 (Bill of Particulars), and Rule 305 (Pretrial Discovery and Inspection).
(ii) Part F(1) includes Rules 305--310 concerning pretrial motions, Rules 9020, 9021, 9022, and 9023, which cover motions procedures generally, Rules 312--315 and 323--324, which deal with specific pretrial motions, and Rules 1127 (Joinder--Trial of Separate Indictments or Informations) and 1128 (Severance of Offenses or Defendants), which usually are implemented by a pretrial motion. In addition, Rule 323 (Suppression of Evidence) has been moved to follow Rule 310 (Disposition of Pretrial Motions) to make it more chronologically organized.
(iii) Part G includes Rules 319 (Pleas and Plea Agreements) and 320 (Withdrawal of Plea of Guilty).
(6) New Chapter 6 (Trial Procedures in Court Cases) includes the rules in Chapter 1100, which have been reorganized and modified as follows:
(a) Part A (General Provisions) includes those rules from Chapter 1100 that apply generally to all trials: Rule 1100 (Prompt Trial), Rules 1105 (Presence of Judge) and 1117 (Presence of the Defendant), 1115 (Exceptions), 1116 (Opening Statements and Closing Arguments), 1118 (Mistrial), 1124 (Challenges to Sufficiency of Evidence), 1124A (Challenges to Weight of Evidence), and 1125 (Motion for Judgment of Acquittal After Discharge of Jury);
(b) Part B (Non-Jury Procedures) sets forth the rules that govern non-jury trials, including Rule 1101 (Waiver of Jury Trial), Rule 1102 (Procedure When Jury Trial is Waived) and 1122 (Time for Court Action Following Non-Jury Trial); and
(c) Part C (Jury Procedures) sets forth the rules that govern jury trials, and is divided into two subparts: (1) impaneling the jury, Part C(1), which includes Rules 1106 (Examination and Challenges to Trial Jurors), 1107 (Juror Information Questionnaire), 1108 (Alternate Trial Jurors), 1128 (Number of Peremptory Challenges) and 1109 (Exhaustion of the Jury Panel); and (2) the conduct of the jury trial, Part C(2), which includes Rule 1103 (Consent to be Tried by Less Than Twelve Jurors), Rules 1110--1114, and Rules 1119--1121.
(i) Rule 1108 (Alternate Trial Jurors) has been broken into two rules. The provisions of Rule 1108 that govern the examination and selection of alternate trial jurors, ''new'' Rule 633, follow the juror information questionnaire rule. The second two sentences of Rule 1108(A) have been separated to form ''new'' Rule 645 (Seating and Discharge of Alternate Jurors). Rule 645 follows Rule 1113 (Note Taking by Jurors) to be chronologically more accurate.
(ii) Rule 1103 (Consent to be Tried by Less Than Twelve Jurors), which applies at anytime after the jury is sworn and before verdict, has been moved to follow present Rule 1110 (Swearing The Trial Jury to Hear the Case).
(7) New Chapter 7 (Post-Trial Procedures in Court Cases) incorporates current Chapter 1400. The Chapter is divided into two parts: (1) sentencing procedures, which includes Rules 1401--1409, and (2) post-sentence procedures, which includes Rules 1410--1411 and Rule 9017 (Contents of Order of Expungement). Rule 9017 was included here because an expungement request ordinarily would not occur until after sentencing.
(8) New Chapter 8 incorporates, without change, current Chapter 350 (Special Rules for Cases in Which the Death Sentence is Authorized). These rules have been moved to immediately precede the post-conviction collateral proceedings because they apply before post-conviction proceedings and are self-contained and impact on a narrow set of cases.
(9) New Chapter 9 incorporates, without change, current Chapter 1500 (Post-conviction Collateral Proceedings).
(10) New Chapter 10 incorporates, without change, current Chapter 6000 (Philadelphia Municipal Court).
(11) New Chapter 11 has no counterpart in the present rules, and includes all the suspension rules joined in one ''new'' rule, Rule 1101 (Suspension of Acts of Assembly), and Rule 9998 (Abolition of Practice and Procedure Under Repealed Statutes).
II. Rule Changes
In order to further the purpose of the reorganization, the Committee agreed that, in addition to renumbering all the rules within the scheme of the reorganization, some of the current rules would have to be amended, a few other rules would have to be combined into ''new'' rules, and still other rules would have to be divided into two or more separate rules. As noted previously, there are no substantive changes to these rules; the changes merely accommodate the overall reorganization of the rules.
The rule changes that are needed to accomplish the reorganization are described below.
(1) Rule 301 (Continuances) is renumbered Rule 106, and amended to make it applicable to both summary and court cases.
(2) ''New'' Rule 109 (Defects in Form, Content, or Procedure), combines Rules 90 and 150 into one rule, applicable to both summary and court cases.
(3) ''New'' Rule 112 (Publicity, Broadcasting, and Recording of Proceedings) combines Rules 27 and 328 into one rule, applicable to both summary and court cases. The Committee used Rule 27 as the basis for the ''new'' rule, and incorporated the provisions of Rule 328 governing ceremonial proceedings.
(4) There are three ''new'' rules governing summary appeals for a trial de novo that were developed from Rules 83 (Trial in Summary Cases), 86 (Appeals), and 1117 (Presence of the Defendant), as follows:
(a) ''new'' Rule 460 (Notice of Appeal) incorporates the provisions of Rule 86(A), (D), (E), (F), (H), and (I), and the Comment;
(b) ''new'' Rule 461 (Stays) incorporates the provisions of Rule 86(B) and the Comment; and
(c) ''new'' Rule 462 (Trial De Novo) incorporates provisions from Rules 86 and 1117, and implements trial procedures comparable to the procedures in Rule 83, as follows: paragraph (A) incorporates Rule 86(G); paragraph (B) follows the procedures set forth in Rule 83(B); paragraph (C) follows the procedures set forth in Rule 86(G); paragraph (D) is derived from Rule 1117(c); paragraph (E) is new to the rules, and addresses the situation when a defendant withdraws a summary appeal; and paragraphs (F) and (G) follow the procedures set forth in Rule 83(D) and (E). In addition, the first paragraph of the Comment has been added to emphasize that the attorney for the Commonwealth has the discretion whether to appear for the trial de novo. The last paragraph of the Comment is taken from the Rule 1117 Comment.
(5) Rule 1117 (Presence of the Defendant) is renumbered Rule 602, and amended by the deletion of paragraph (c) and the correlative paragraph from the Comment, which were moved to ''new'' Rule 462.
(6) Rule 1108 (Alternate Trial Jurors) is renumbered Rule 633 (Examination and Challenges of Alternate Trial Jurors), and amended by the deletion of the last two sentences of paragraph (A). These provisions, which address procedures at a later stage in the proceedings--the seating of alternate jurors during the trial and the discharge of alternate jurors when the jury retires to deliberate--have been moved to form ''new'' Rule 645 (Seating and Discharge of Alternate Jurors).
(7) ''New'' Rule 1101 (Suspension of Acts of Assembly) combines all the suspension rules, Rules 39, 159, 340, 1415, and 2020, into one rule.
Appendix
Pennsylvania Rules of Criminal Procedure
Derivation Table
New Rule Former Rule CHAPTER 1. GENERAL PROVISIONS
100. Scope of Rules. Former Rule 1 101. Purpose and Construction. Former Rule 2 102. Citing the Criminal Procedural Rules. Former Rule 4 Part A. Business of the Courts 103. Definitions. Former Rule 3 104. Design of Forms. Former Rule 5 105. Local Rules. Former Rule 6 106. Continuances In Summary and Court Cases. Former Rule 301 107. Contents of Subpoena. Former Rule 9016 108. Habeas Corpus Venue. Former Rule 1701 109. Defects in Form, Content, or Procedure. Former Rules 90, 150 110. Special Orders Governing Widely-Publicized or Sensational Cases. Former Rule 326 111. Public Discussion of Pending or Imminent Criminal Litigation by Court Personnel. Former Rule 327 112. Publicity, Broadcasting, and Recording of Proceedings. Former Rules 27, 328 113. Notice of Court Proceeding(s) Requiring Defendant's Presence. Former Rule 9024 114. Notice and Docketing of Orders. Former Rule 9025 115. Recording and Transcribing Court Proceedings. Former Rule 9030 Part B. Counsel
120. Attorneys--Appearances and Withdrawals. Former Rule 302 121. Waiver of Counsel. Former Rule 318 122. Assignment of Counsel. Former Rule 316 123. Application for the Assignment of Counsel. Former Rule 317 124. In Forma Pauperis. (Reserved) No Former Rule Part C. Venue, Location, And Recording of Proceedings Before Issuing Authority
130. Venue. Former Rule 21 131. Location of Proceedings Before Issuing Authority. Former Rule 22 132. Continuous Availability and Temporary Assignment of Issuing Authorities. Former Rule 23 133. Powers of Temporarily Assigned Issuing Authorities. Former Rule 24 134. Objections to Venue. Former Rule 25 135. Transcript of Proceedings Before Issuing Authority. Former Rule 26 Part D. Procedures Implementing 42 Pa.C.S. §§ 4137, 4138, And 4139: Criminal Contempt
Powers of District Justices, Judges of the Pittsburgh Magistrates Court, and Judges of
the Traffic Court of Philadelphia
140. Contempt Proceedings Before District Justices, Pittsburgh Magistrates Court Judges, and Philadelphia Traffic Court Judges. Former Rule 30 141. Appeals from Contempt Adjudications by District Justices, Pittsburgh Magistrates Court Judges, or Philadelphia Traffic Court Judges. Former Rule 31 142. Procedures Governing Defaults in Payment of Fine Imposed As Punishment for Contempt. Former Rule 32 CHAPTER 2. INVESTIGATIONS
Part A. Search Warrants
200. Who May Issue. Former Rule 2001 201. Purpose of Warrant. Former Rule 2002 202. Approval of Search Warrant Applications by Attorney for the Commonwealth--Local Option. Former Rule 2002A 203. Requirements for Issuance. Former Rule 2003 204. Person to Serve Warrant. Former Rule 2004 205. Contents of Search Warrant. Former Rule 2005 206. Contents of Application for Search Warrant. Former Rule 2006 207. Manner of Entry Into Premises. Former Rule 2007 208. Copy of Warrant; Receipt for Seized Property. Former Rule 2008 209. Return With Inventory. Former Rule 2009 210. Return of Papers to Clerk. Former Rule 2010 211. Sealing Search Warrant Affidavits. Former Rule 2011 Part B(1). Investigating Grand Juries
220. Motion and Order for Investigating Grand Jury. Former Rule 251 221. Summoning Investigating Grand Jurors. Former Rule 252 222. Composition and Organization of the Investigating Grand Jury. Former Rule 253 223. Administering Oath to Stenographer. Former Rule 255 224. Administering Oath to Court Personnel. Former Rule 256 225. Administering Oath to Grand Jury and Foreman. Former Rule 257 226. Charge to Investigating Grand Jury. Former Rule 258 227. Administering Oath to Witness. Former Rule 259 228. Recording of Proceedings Before Investigating Grand Jury. Former Rule 260 229. Control of Investigating Grand Jury Transcript/Evidence. Former Rule 261 230. Disclosure of Testimony Before Investigating Grand Jury. Former Rule 263 231. Who May Be Present During Session of an Investigating Grand Jury. Former Rule 264 B(2). Statewide or Regional Investigating Grand Juries
240. Applicability of Investigating Grand Jury Rules. Former Rule 270 241. Summoning Jurors for Statewide or Regional Investigating Grand Juries. Former Rule 271 242. Providing Prospective Jurors for Statewide or Regional Investigating Grand Juries. Former Rule 272 243. Location of Statewide or Regional Investigating Grand Juries. Former Rule 273 244. Venue. Former Rule 274 CHAPTER 3. ACCELERATED REHABILITATIVE DISPOSITION
Committee Introduction to Chapter 3. No Former Chapter # Part A. Summary Cases
300. Accelerated Rehabilitative Disposition in Summary Cases. Former Rule 160 301. Procedures for Accelerated Rehabilitative Disposition in Summary Cases Before the Minor Judiciary. Former Rule 161 302. Procedures for Accelerated Rehabilitative Disposition in Summary Cases in the Court of Common Pleas--Local Option. Former Rule 162 Part B. Court Cases
310. Motion for Accelerated Rehabilitative Disposition. Former Rule 176 311. Application Process and Notice of Motion by Attorney for the Commonwealth. Former Rule 177 312. Hearing, Explanation of Program. Former Rule 178 313. Hearing, Manner of Proceeding. Former Rule 179 314. Deferring Action Upon Admission to Program Before Information. Former Rule 180 315. Deferring Adjudication of the Charges Upon Admission to Program After Information. Former Rule 181 316. Conditions of the Program. Former Rule 182 317. Procedure Upon Refusal to Accept the Conditions. Former Rule 183 318. Procedure on Charge of Violation of Conditions. Former Rule 184 319. Procedure for Obtaining Order for Dismissal Upon Successful Completion of the Program. Former Rule 185 320. Expungement Upon Successful Completion of ARD Program. Former Rule 186
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3 For example, in the early 1970s, the chapters dealing with preliminary proceedings and summary proceedings were reorganized by moving the summary case rules into a separate chapter. In 1985, after monitoring the application of Chapter 50 (Procedures in Summary Cases) and recognizing that there was confusion about the procedures, the Committee recommended the reorganization of the chapter. In 1994, the Committee recommended the reorganizatioin of Chapter 100 (Procedures in Court Cases). Finally, in 1995, to address continuing problems with the application of the bail rules in practice, the Committee recommended the reorganization of Chapter 4000 (Bail).
4 The newcomers to the system include, by way of example, not only lawyers, judges, and members of the minor judiciary, but also, law enforcement officials, court personnel, probation and parole officers, bail agencies, and private citizens.
5 Experience has demonstrated that, although each of the ''piecemeal'' chapter reorganizations and renumberings initially met with some resistance, the early concerns were unfounded, and that, by making the rules in the chapter easier to follow, these limited reorganizations have been beneficial for the individuals using the rules.
6 The rule numbers listed in this part of the discussion, unless otherwise indicated, refer to the current rules.
7 The Committee at a future meeting may consider developing a rule setting forth procedures for proceeding in forma pauperis.
8 The Committee at a future meeting may consider developing a new summary case motions rule. If one is developed, it would be added to the general procedures section, Part E of Chapter 4.
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