Rescinding Rule WC529; Adopting New Rule WC529; No. 216MD 2013
[43 Pa.B. 1551]
[Saturday, March 23, 2013]
And Now, this 5th day of March, 2013 It Is Hereby Ordered that current Rule WC529 is rescinded and that new Rule WC529 is adopted.
By the Court
GARY P. CARUSO,
Rule WC529. Modification of Bail Order Prior to Trial.
(a) Prior to presenting a petition to the court seeking a bond reduction, the defendant shall present the petition to the district attorney who shall indicate whether the Commonwealth consents to or opposes the petition. If the Commonwealth consents to the petition, the petition shall be served directly upon the assigned judge. If the assigned judge is unavailable, the petition shall be served upon the court administrator who shall attempt to find an alternate judge to hear the petition.
(b) In the event that the Commonwealth opposes the petition, the petition shall be served upon the court administrator who shall schedule a hearing as soon as possible before the assigned trial judge.
(c) The defendant shall indicate on any petition to the court to modify bail prior to the preliminary hearing whether or not the defendant first applied for modification of bail from the presiding magisterial district.
(d) Any criminal defendant with charges alleging a child victim, having an active case before the Westmoreland County Children's Bureau with an Order of Supervised Visitation with that child victim, shall:
(1) notify the Westmoreland County Children's Bureau upon receiving a nonmonetary condition of bail of ''No Contact With The Victim,''
(2) provide the Westmoreland County Children's Bureau a copy of any Petition to Modify Bail seeking to permit contact with child victim for the purpose of supervised visitation,
(3) provide the Westmoreland County Children's Bureau a copy of any Order granting bail modification to permit supervised visitation.
[Pa.B. Doc. No. 13-496. Filed for public inspection March 22, 2013, 9:00 a.m.]
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