2341 Amendment to rule of criminal procedure 507*--approval of police complaints and arrest warrant affidavits by attorney for the Commonwealth; no. 2254-08

MONTGOMERY COUNTY

Amendment to Rule of Criminal Procedure 507*--Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth; No. 2254-08

[38 Pa.B. 7086]
[Saturday, December 27, 2008]

Order

   And Now, this 9th day of December, 2008, the Court approves and adopts the attached amendment to Montgomery County Local Rule of Criminal Procedure 507*--Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth. This amended Rule shall become effective thirty days after publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in the Legal Intelligencer. In further conformity with Pa.R.Crim.P. 105, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies and a computer diskette complying with 1 Pa. Code § 13.11(b) shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, and one (1) copy with the Law Library of Montgomery County and one (1) copy with each Judge of this Court.

By the Court

RICHARD J. HODGSON,   
President Judge

Rule 507*. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

   The District Attorney of Montgomery County, having filed a certification pursuant to Pennsylvania Rule of Criminal Procedure 507 (B), criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging [criminal homicide offenses (including homicide by vehicle)]:

   1)  Criminal homicide in violation of 18 Pa.C.S.A. § 2501;

   2)  Murder in any degree in violation of 18 Pa.C.S.A. § 2502;

   3)  Voluntary manslaughter in violation of 18 Pa.C.S.A. § 2503;

   4)  Involuntary manslaughter in violation of 18 Pa.C.S.A. § 2504;

   5)  Causing or aiding suicide in violation of 18 Pa.C.S.A. § 2502;

   6)  Drug delivery resulting in death in violation of 18 Pa.C.S.A. § 2506;

   7)  Criminal homicide of unborn child in violation of 18 Pa.C.S.A. § 2603;

   8)  Murder of unborn child in violation of 18 Pa.C.S.A. § 2604;

   9)  Voluntary manslaughter of unborn child in violation of 18 Pa.C.S.A. § 2605;

   10)  Homicide by vehicle in violation of 18 Pa.C.S.A. § 3732; and

   11)  Homicide by vehicle while driving under the influence in violation of 18 Pa.C.S.A. § 3735.

   12)  Rape in violation of 18 Pa.C.S.A. § 3121;

   13)  Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. § 3123;

   14)  Sexual Assault in violation of 18 Pa.C.S.A. § 3124.1;

   15)  Institutional Sexual Assault in violation of 18 Pa.C.S.A. § 3124.2;

   16)  Aggravated Indecent Assault in violation of 18 Pa.C.S.A. § 3125;

   17)  Indecent Assault in violation of 18 Pa.C.S.A. § 3126 when the victim is less than 16 years of age;

   18)  Incest in violation of 18 Pa.C.S.A § 4302;

   19)  Sexual Abuse of Children in violation of 18 Pa.C.S.A. § 6312;

   20)  Unlawful Contact with a Minor in violation of 18 Pa.C.S.A. § 6318; and

   21)  Attempt, Conspiracy or Solicitation to Commit any of the Above Offenses.

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.

[Pa.B. Doc. No. 08-2341. Filed for public inspection December 26, 2008, 9:00 a.m.]