DELAWARE COUNTY Local Rule of Criminal Procedure 507A; CP-23-MD 525-14 [44 Pa.B. 1878]
[Saturday, March 29, 2014]Order And Now, this 4th day of March, 2014, it is hereby Ordered and Decreed that the following Local Rule is hereby adopted. Said Rule shall go into effect thirty (30) days after Publication in the Pennsylvania Law Bulletin.
By the Court
CHAD F. KENNEY,
President JudgeProposed Local Rule 507A
Rule 507A. Approval of Police Complaints and Arrest Warrant Affidavits By Attorney For the Commonwealth.
(A) The District Attorney of Delaware County, having filed a certificate pursuant to Pennsylvania Rule of Criminal Procedure 507, Criminal Complaints and Arrest Warrant Affidavits by police officers, as defined in the Rules of Criminal Procedure charging the following criminal offenses:
Criminal Homicide in violation of 18 Pa.C.S.A. Section 2501;
Murder in any degree in violation of 18 Pa.C.S.A. Section 2502;
Voluntary Manslaughter in violation of 18 Pa.C.S.A. Section 2503;
Involuntary Manslaughter in violation of 18 Pa.C.S.A. Section 2504;
Causing or aiding suicide in violation of 18 Pa.C.S.A. Section 2505;
Drug delivery resulting in death in violation of 18 Pa.C.S.A. Section 2506;
Criminal Homicide of unborn child in violation of 18 Pa.C.S.A. Section 2603;
Murder in any degree of unborn child in violation of 18 Pa.C.S.A. Section 2604;
Voluntary Manslaughter of unborn child in violation of 18 Pa.C.S.A. Section 2605;
Aggravated Assault of unborn child in violation of 18 Pa.C.S.A. Section 2606;
Homicide by Vehicle in violation of 75 Pa.C.S.A. Section 3732; and
Homicide by Vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735
Aggravated Assault by vehicle While Driving Under the Influence in violation of 75 Pa.C.S.A. Section 3735.1;
Aggravated Assault by Vehicle in violation of 75 Pa.C.S.A. Section 3732.1;
Rape in violation of 18 Pa.C.S.A. Section 3121;
Statutory Sexual Assault in violation of 18 Pa.C.S.A. Section 3122.1;
Involuntary Deviate Sexual Intercourse in violation of 18 Pa.C.S.A. Section 3123;
Sexual Assault in violation of 18 Pa.C.S.A. Section 3124.1;
Institutional Sexual Assault in violation of 18 Pa.C.S.A. Section 3142.2; and
Aggravated Indecent Assault in violation of 18 Pa.C.S.A. Section 3125;
shall not hereafter be accepted by any judicial officer unless the Complaint and Affidavit have the approval of a Deputy District Attorney of the Delaware County District Attorney's Office prior to filing.
(B) Upon disapproval of a police complaint, arrest warrant affidavit, or both by an attorney for the Commonwealth, the attorney for the Commonwealth shall furnish to the police officer who prepared the complaint, affidavit, or both a written notice of the disapproval, in substantially the following form, and the attorney for the Commonwealth shall maintain a record of the written notice.
District Attorney of Delaware County NOTICE AND RECORD OF DISAPPROVAL File Number: ______ COMMONWEALTH OF PENNSYLVANIA Complaint/Affidavit/ VS. Application of: ______ _____________________________________ Charge: ______ _____________________________________ Police Number: ______ _____________________________________ Police Department: ______ Time: ______ Occurrence Date: ______ Location: ______ SUMMARY OF FACTS AND PROBABLE CAUSE: _____________________________________ _____________________________________ _____________________________________ PCIC/NCIC check reveals no outstanding warrants: Date ______ Source of Information ______ REASON(S) FOR DISAPPROVAL (Please check appropriate reason)
____IC=Insufficient Corroboration ____UV=Unavailable or Uncooperative Victim ____IE=Insufficient Evidence ____WC=Witness Credibility Contradicted ____II=Identification Inconclusive ____ID=Inadequate Description of Persons, ____ IJ=Interest of Justice Premises Or Property ____ IS=Inadmissible Evidence ____ NS=Insufficient Cause for ____ IP=Insufficient Probable Cause Nighttime Search ____ LJ=Lacks Jurisdication ____ LP=Lacks Prosecutorial Merit ____ UW=Unavailable or Uncooperative Witness Other: _____________________________________ _____________________________________ _____________________________________ DISAPPROVED BY: ___________________________ Attorney for the Commonwealth DATE: ____________ (C) No defendant shall have the right to any relief of any kind based solely on a violation of this Rule.
(D) This Local Rule shall become effective: _________________.
[Pa.B. Doc. No. 14-665. Filed for public inspection March 28, 2014, 9:00 a.m.]
