883 Consolidated rules of court; no. 26 misc. 2005  

  • SOMERSET COUNTY

    Consolidated Rules of Court; No. 26 Misc. 2005

    [35 Pa.B. 2727]

    Adopting Order

       Now, this 18th day of April, 2005, it is hereby Ordered:

       1.  Som.R.Crim.P. 507, Approval Of Police Complaints And Arrest Warrant Affidavits By Attorney For The Commonwealth, is amended to read in its entirety as follows hereto, effective thirty (30) days after publication in The Pennsylvania Bulletin.

       2.  The Somerset County Court Administrator shall:

       A.  File seven (7) certified copies of this Order and the following Rule with the Administrative Office of Pennsylvania Courts.

       B.  Distribute two (2) certified copies of this Order and the following Rule, along with a diskette or CD, to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

       C.  File one (1) certified copy of this Order and the following Rule with the Pennsylvania Criminal Procedural Rules Committee.

       D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

    By the Court

    EUGENE E. FIKE, II,   
    President Judge

    Complaints and Warrants--Approval

    Som. R.Crim.P. 507. Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth.

       A.  The District Attorney of Somerset County having filed a certification 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 offenses, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of the attorney for the Commonwealth prior to filing:

       1.  Criminal Homicide in violation of Section 2501 of the Crimes Code, 18 Pa.C.S.A. § 2501;

       2.  Murder in any degree in violation of Section 2502 of the Crimes Code, 18 Pa.C.S.A. § 2502;

       3.  Voluntary Manslaughter in violation of Section 2503 of the Crimes Code, 18 Pa.C.S.A. § 2503;

       4.  Involuntary Manslaughter in violation of Section 2504 of the Crimes Code, 18 Pa.C.S.A. § 2504;

       5.  Homicide by Vehicle in violation of Section 3732 of the Vehicle Code, 75 Pa.C.S.A. § 3732; and

       6.  Homicide by Vehicle While Driving Under the Influence in violation of Section 3735 of the Vehicle Code, 75 Pa.C.S.A. § 3735.

       7.  Homicide by Vehicle While Driving Under the Influence in violation of Section 3735 of the Vehicle Code, 75 Pa.C.S.A. § 3735;

       8.  Rape in violation of Section 3121 of the Crimes Code, 18 Pa.C.S.A. § 3121;

       9.  Involuntary Deviate Intercourse in violation of Section 3123 of the Crimes Code, 18 Pa.C.S.A. § 3123;

       10.  Sexual Assault in violation of Section 3124.1 of the Crimes Code, 18 Pa.C.S.A. § 3124.1;

       11.  Aggravated Indecent Assault in violation of Section 3125 of the Crimes Code, 18 Pa.C.S.A. § 3125;

       12.  Indecent Assault in violation of Section 3126 of the Crimes Code, 18 Pa.C.S.A. § 3126; and

       13.  Incest in violation of Section 4302 of the Crimes Code, 18 Pa.C.S.A. § 4302.

    [Pa.B. Doc. No. 05-883. Filed for public inspection May 6, 2005, 9:00 a.m.]

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