Title 234--RULES OF CRIMINAL PROCEDURES PART I. GENERAL [234 PA. CODE CH. 50] Proceedings in Summary Cases [29 Pa.B. 2770] Introduction The Criminal Procedural Rules Committee is planning to recommend that the Supreme Court of Pennsylvania amend Rules of Criminal Procedure 51 (Means of Instituting Proceedings in Summary Cases), 61 (Procedures Following Filing of Citation -- Issuance of Summons), 86 (Appeals), and 95 (Proceedings In Summary Cases Charging Parking Violations), and approve the revision of the Comment to Rule of Criminal Procedure 53 (Contents of Citation). These rule changes would clarify the procedures for electronically filing parking violation information in cases in which a defendant has failed to respond to a parking ticket. This proposal has not been submitted for review by the Supreme Court of Pennsylvania.
The following explanatory Report highlights the Committee's considerations in formulating this proposal. Please note that the Committee's Reports should not be confused with the official Committee Comments to the rules. Also note that the Supreme Court does not adopt the Committee's Comments or the contents of the explanatory Reports.
The text of the proposed rule changes precedes the Report. Deletions appear in bold and brackets, and additions appear in bold and are underlined.
We request that interested persons submit suggestions, comments, or objections concerning this proposal to the Committee through counsel, Anne T. Panfil, Chief Staff Counsel, Supreme Court of Pennsylvania, Criminal Procedural Rules Committee, P. O. Box 1325, Doylestown, PA 18901 no later than Wednesday, June 23, 1999.
By the Criminal Procedural Rules Committee
FRANCIS BARRY MCCARTHY,
ChairAnnex A TITLE 234. RULES OF CRIMINAL PROCEDURE PART I. GENERAL CHAPTER 50. PROCEDURE IN SUMMARY CASES PART I. INSTITUTING PROCEEDINGS Rule 51. Means of Instituting Proceedings in Summary Cases.
Criminal proceedings in summary cases shall be instituted either by:
(a) issuing a citation to the defendant; or
(b) filing a citation; or
(c) filing a complaint; or
(d) arresting without a warrant when arrest is specifically authorized by law [.]; or
(e) electronic filing of parking ticket information.
Official Note: Previous Rule 51, adopted January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; Comment revised December 15, 1983, effective January 1, 1984; rescinded July 12, 1985, effective January 1, 1986; and replaced by present Rules 3, 51, 52, 55, 60, 65, 70, 75, and 95. Present Rule 51 adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; Comment revised February 1, 1989, effective July 1, 1989; Comment revised January 31, 1991, effective July 1, 1991; Comment revised January 16, 1996, effective immediately; Comment revised June 6, 1997, effective immediately; amended ____, effective ____.
Comment * * * * * For the procedures in summary cases charging parking violations, see Part VII, Rule 95. Although a criminal proceeding may be instituted in these cases by issuing a citation either by handing it to a defendant or placing it on a vehicle windshield, it is expected that many parking cases will be disposed of without a criminal proceeding under these rules. A parking ticket, which is not a citation, is used by a political subdivision and the defendant pays the amount specified on the ticket within the time specified. Paragraph (e) and Rule 95(a) authorize the electronic filing of the parking ticket information in those cases in which a defendant fails to respond to the political subdivision's parking ticket.
* * * * * Committee Explanatory Reports:
* * * * * Report explaining the June 6, 1997 Comment revision published with the Court's Order at 25 Pa.B. 2923 (June 21, 1997).
Report explaining the proposed amendments published at 29 Pa.B. 2772 (May 29, 1999).
PART II. CITATION PROCEDURES Rule 53. Contents of Citation.
* * * * * Official Note: Previous rule, originally numbered Rule 133(a) and Rule 133(b), adopted January 31, 1970, effective May 1, 1970; renumbered as Rule 53(a) and 53(b) September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; Comment revised January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and not replaced in these rules. Present rule adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended February 1, 1989, effective as to cases instituted on or after July 1, 1989; amended January 31, 1991, effective July 1, 1991; amended June 3, 1993, effective as to new citations printed on or after July 1, 1994; amended July 25, 1994, effective January 1, 1995 ; Comment revised ______ , effective ____ .
Comment * * * * * With regard to the ''proper'' issuing authority as used in these rules, see Rule 21.
See Rule 95 for procedures for instituting cases in which there is a parking violation. When the parking violation information is electronically filed as permitted by Rule 95(a), only a summons is issued as provided in Rule 61.
Committee Explanatory Reports:
* * * * * Final Report explaining the July 25, 1994 amendments published with Court's Order at 24 Pa.B. 4068 (August 13, 1994).
Report explaining the proposed Comment revisions published at 29 Pa.B. 2772 (May 29, 1999).
PART IIB. PROCEDURES WHEN CITATION FILED Rule 61. Procedures Following Filing of Citation--Issuance of Summons.
(A) Upon the filing of the citation, or receipt of electronically filed parking violation information, the issuing authority shall issue a summons commanding the defendant to respond within 10 days of receipt of the summons, unless the issuing authority has reasonable grounds to believe that the defendant will not obey a summons in which case an arrest warrant shall be issued. The summons shall be served as provided in these rules.
(B) Except in cases charging parking violations when the [citation] parking violation information is electronically filed, a copy of the citation shall be served with the summons.
(C) In cases charging parking violations when the [citation] parking violation information is electronically filed, the summons shall also include:
(1) the date, time, and location of the parking violation;
(2) a description of the vehicle and the license number; and
(3) a description of the parking violation.
Official Note: Previous Rule 117, adopted June 30, 1964, effective January 1, 1965; suspended effective May 1, 1970; revised January 31, 1970, effective May 1, 1970; renumbered and amended to apply only to summary cases September 18, 1973, effective January 1, 1974; amended April 26, 1979, effective July 1, 1979; amended January 28, 1983, effective July 1, 1983; rescinded July 12, 1985, effective January 1, 1986, and replaced by present Rule 76. Present Rule 61, adopted July 12, 1985, effective January 1, 1986. The January 1, 1986 effective dates all are extended to July 1, 1986; amended July 17, 1996, effective January 1, 1997; amended ____ , effective ____.
Comment * * * * * This rule [was amended in 1996 to facilitate] facilitates the electronic filing of [citations charging] parking [violations] violation information by (1) eliminating the requirement that a copy of the citation be served with the summons in cases in which the parking violation information is electronically filed pursuant to Rule 95(a), and (2) requiring additional information be added to the summons. See Rule 95 (Proceedings in Summary Cases Charging Parking Violations).
Committee Explanatory Reports:
Final Report explaining the July 17, 1996 amendments published with the Court's Order at 26 Pa.B. 3629 (August 3, 1996).
Report explaining the proposed amendments published at 29 Pa.B. 2772 (May 29, 1999).
PART VI. GENERAL PROCEDURES IN SUMMARY CASES Rule 86. Appeals.
* * * * * (F) The isuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:
(1) the transcript of the proceedings;
(2) the original complaint or citation, if any;
(3) the summons or warrant of arrest, if any; and
(4) the bail bond, if any.
* * * * * Official Note: Adopted July 12, 1985, effective January 1, 1986; Comment revised September 23, 1985, effective January 1, 1986; 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; amended ____ 1999, effective ____ , 1999.
Comment * * * * * When the only issues on appeal arise solely from an issuing authority's determination after a default hearing pursuant to Rule 85, the matter must be heard de novo by the appropriate judge of the court of common pleas and only those issues arising from the default hearing are to be considered. It is not intended to reopen other issues not properly preserved for appeal. A determination after a default hearing would be a final order for purposes of these rules.
Paragraph (F) was amended in 1999 to align this rule with Rule 95(A), which permits the electronic filing of parking violation information in lieu of filing a citation. Therefore, in electronically filed parking violation cases only, because there is no original citation, the issuing authority would file the summons with the clerk of courts pursuant to paragraph (F).
Certiorari was abolished by former Rule 67 in 1973, pursuant to Article V Schedule Section 26 of the Constitution of Pennsylvania, which specifically empowers the Supreme Court of Pennsylvania to do so by rule. This Schedule section is still viable, and the substance of this Schedule section has also been included in the Judicial Code, 42 Pa.C.S. § 934. The abolition of certiorari, of course, continues.
Bail, when set in a summary case, must be set in accordance with the bail rules, Chapter 4000.
Committee Explanatory Reports:
* * * * * Final Report explaining the October 1, 1997 amendments published with the Court's Order at 27 Pa.B. 5414 (October 18, 1997).
Report explaining the proposed amendments published at 29 Pa.B. 2772 (May 29, 1999).
PART VIII. PROCEDURES IN SUMMARY CASES CHARGING PARKING VIOLATIONS Rule 95. Proceedings in Summary Cases Charging Parking Violations.
[(a)] (A) Political subdivisions may use parking tickets to inform defendants of parking violations and to offer defendants an opportunity to avoid criminal proceedings by paying an amount specified on the ticket within the time specified on the ticket.
(1) When a political subdivision does use parking tickets and a ticket has been handed to a defendant or placed on a vehicle windshield, a criminal proceeding shall be instituted only if the defendant fails to respond as requested on the ticket.
(2) [In that event,] When a defendant fails to respond to a parking ticket, the criminal proceeding shall be instituted either
(a) by a law enforcement officer filing a citation with the proper issuing authority, or
(b) by having the parking violation information electronically filed and verified with the proper issuing authority.
Upon [the filing of the citation,] receipt of the citation or the electronically filed information, the issuing authority shall proceed as provided in Rule 61, and the case shall proceed [in the same manner as other summary cases instituted by filing a citation,] in accordance with Rules [61] 62--64.
[(b)] (B) When a parking ticket has not been used, a criminal proceeding in a summary case charging a parking violation shall be instituted by a law enforcement officer issuing a citation either by handing it to a defendant or by placing it on a vehicle windshield.
(1) Upon the issuance of a citation, the case shall ordinarily proceed in the same manner as other summary cases instituted by issuing a citation to the defendant, in accordance with Rules 55--59.
(2) If the defendant fails to respond to the citation, the issuing authority shall issue a summons and the case shall then proceed in accordance with Rules 61--64 as if the proceedings were instituted by filing a citation, unless the issuing authority has reasonable grounds to believe that the defendant will not obey a summons, in which case an arrest warrant shall be issued and the case shall proceed in accordance with Rule 76.
[(c) The filing of a citation charging a parking violation may be accomplished by electronic filing.]
Official Note: Adopted July 12, 1985, effective January 1, 1986; effective date extended to July 1, 1986; amended July 17, 1996, effective January 1, 1997; amended ____ , effective ____ .
Comment If the defendant pays the amount specified on the parking ticket within the time specified on the ticket, the case will be concluded without the institution of a criminal proceeding. If the defendant makes no response within the suggested time, or if the defendant indicates a desire to plead not guilty, and the subdivision desires to proceed with the case, a law enforcement officer must determine the identity of the vehicle owner from the Department of Transportation and then institute a criminal proceeding by either filing a citation directly with the proper issuing authority, or having the parking violation information electronically filed under paragraph [(a)] (A) of this rule.
When the parking violation information is electronically filed pursuant to paragraph (A)(2)(b), the individual who electronically transmits the information must verify with the issuing authority that the information transmitted accurately reflects the information on the subject parking tickets.
[Paragraph (c) was added in 1996 to specifically authorize that a citation charging a parking violation may be filed electronically.]
When a parking ticket is not used and a criminal proceeding is instituted under paragraph [(b)] (B) of this rule by issuing a citation to a defendant, if the defendant does not properly respond to the citation, the issuing authority must notify the law enforcement officer, who should obtain from the Department of Transportation the name of the owner of the vehicle. The law enforcement officer should immediately furnish this information to the issuing authority, who must then issue a summons or a warrant.
See Rule 21 for the ''proper'' issuing authority as used in these rules.
Committee Explanatory Reports:
Final Report explaining the July 17, 1996 amendments permitting parking citations to be electronically transmitted published with the Court's Order at 26 Pa.B. 3629 (August 3, 1996).
Report explaining the proposed amendments clarifying the procedures for electronically transmitting parking ticket information published at 29 Pa.B. 2772 (May 29, 1999).
REPORT Proposed Amendments to Pa.Rs.Crim.P. 51, 61, 86, and 95; Revision of the Comment to Pa.R.Crim.P. 53 Electronic Filing of Parking Violation Information The Committee is proposing a number of clarifying amendments that are intended to fill in gaps in the procedures that permit the electronic filing of parking violation information. These changes do not substantively alter the present procedures under Rules 61 and 95, but merely provide further elaboration on these procedures as an aid to the bench and bar.1
Background
The Committee undertook its review of the procedures for electronically filing parking violation information after receiving several inquiries concerning the interplay between the electronic filing provisions of Rules 61 (Procedures Following Filing of Citation--Issuance of Summons) and 95 (Proceedings In Summary Cases Charging Parking Violations) and the procedures for citations in Rule 53 (Contents of Citation) and appeals in Rule 86 (Appeals). The inquiries questioned whether, when a parking citation is electronically filed, there had to be a paper copy of the citation; whether there had to be a verification of the information electronically filed; and when the information has been electronically filed, what documentation must be transmitted from the issuing authority to the clerk of courts when an appeal is filed.
The Committee's examination of the matter started with the rules. Rule 95 presently provides that, in those limited cases in which a defendant fails to respond to a parking ticket, the political subdivision may institute a criminal proceeding by filing a citation with the proper issuing authority, see paragraph (a), and that the filing of such a citation may be accomplished by electronic filing, see paragraph (c) (emphasis added). Rule 61 presently provides for the expansion of the contents of the summons to include the information that ordinarily appears on the citation in cases charging a parking violation when the citation is electronically filed.
The Committee also reviewed the history of the electronic filing provisions. One point that had been made when the initial changes were made was that the provision for electronic filing was a first step toward integrating the technology for advanced communication into the Criminal Rules. The changes also were intended to (1) provide a cost-effective and efficient means for municipalities and issuing authorities to transmit documents, and (2) reduce the amount of paperwork that flowed between the respective offices. See Committee Final Report at 26 Pa.B. 3629 (August 3, 1996). A final consideration supporting the changes was that the use of electronic filing for parking violations would have little impact on defendants--a parking violation is never filed unless the defendant fails to respond to a parking ticket; and the summons a defendant receives provides the defendant with all the relevant information concerning the parking violation charged.
After reviewing the history of the rule changes permitting electronic filing and the rule provisions providing for electronic filing, and based on the members' experience with electronic filings, the Committee agreed that some rule changes should be proposed to alleviate the concerns addressed to the Committee, but that the changes need only elucidate the earlier amendments providing for the utilization of electronic filing for parking violation information.
Discussion of Rule Changes
1. Rule 95 (Proceedings in Summary Cases Charging Parking Violations)
The concerns addressed to the Committee centered on a basic issue with regard to the use of advance communication technology--whether there should be a paper copy of the documentation electronically transmitted. The Committee had agreed at the time of the original proposal, and reaffirmed as we reconsidered the matter, that, because a parking ticket will have already been issued to a defendant and a summons setting forth all the relevant information about the parking violation will be issued to institute the criminal proceeding in cases in which the defendant has failed to respond to the parking ticket, there is no need for an actual citation to be prepared. Rather, only the parking violation information is necessary. The Committee noted further that, when the original recommendation had been developed in 1995, we had little practical experience with advanced communication technology in the context of criminal proceedings, so the amendments to Rules 61 and 95 merely applied the existing concept of filing a parking citation to the electronic filing provisions. In view of these considerations, the Committee concluded that Rule 95 should be amended to more clearly incorporate advanced communication technology principles by removing the citation concept from the electronic filing provisions within the context of parking tickets. To accomplish this, paragraph (A) would be divided into subparagraphs, and paragraph (c) would be deleted.2 Paragraph (A)(2) covers the cases in which a defendant has failed to respond to a parking ticket, and distinctly provides for the two methods of providing the issuing authority with the necessary information to issue a summons under Rule 61--filing the citation with the issuing authority or having the parking violation information electronically transmitted to the issuing authority. This change makes it clear that what is electronically filed is the information, not a citation.
The Comment would be revised to caution that the individual who electronically transmits the parking violation information must verify in some manner that the information transmitted accurately reflects the information on the subject parking tickets. This ''verification'' is not the same as the verification required in Rule 53 for citations, and because there is no citation when there is a Rule 95 electronic filing, the Rule 53 verification requirement would not apply.
2. Rule 61 (Procedures Following Filing of Citation-- Issuance of Summons)
The Committee is proposing some conforming amendments to Rule 61 that underscore in the rule that, when there is electronic filing, what is transmitted is the parking violation information. The proposed changes also make it clear that both when a citation is filed and the parking violation information is electronically transmitted, the issuing authority is to issue a summons. The Comment would be revised to include a caveat that, when information is electronically filed, a copy of the citation does not have to be served with the summons.
3. Conforming and Correlative Rule Changes
The Committee is proposing conforming and correlative changes to several other rules to further emphasize that a citation would not be filed when parking violation information is electronically filed. First, Rule 51 (Means of Instituting Proceedings in Summary Cases) would be amended by the addition of a new paragraph (e) providing that electronic filing of parking ticket information is another means of instituting proceedings in summary cases, albeit in the very limited situation of cases in which the defendant has failed to respond to a parking ticket. Second, the Comment to Rule 53 (Contents of Citation) would be revised to include a cross-reference to Rule 95, and make it clear that only a summons is issued pursuant to Rule 61 when parking violation information is electronically filed. Finally, Rule 86 (Appeals) would be amended by the addition of ''if any'' following ''citation'' at the end of paragraph (F)(2) to accommodate cases in which the parking violation information has been electronically filed and there is no citation.
[Pa.B. Doc. No. 99-851. Filed for public inspection May 28, 1999, 9:00 a.m.] _______
1Rules 61 and 95 were amended in 1996 to permit the electronic filing of parking citiations. See Committee explanatory Final Report at 26 Pa. B. 3629 (August 3, 1996).
2Paragraph (B) also would be divided into subparagraphs to more clearly set forth the procedures covered by paragraph (B).
