1437 Consolidated Rules of Court; no. 62 miscellaneous 1998

Title 255--LOCAL
COURT RULES

SOMERSET COUNTY

Consolidated Rules of Court; No. 62 Miscellaneous 1998

[28 Pa.B. 4509]

Adopting Order

   Now, this 19th day of August, 1998, it is hereby Ordered:

   1.  The following designated Somerset County Rule of Criminal Procedure (Som. R.Crim.P.), is hereby adopted as a rule of this Court, effective thirty (30) days after publication in the Pennsylvania Bulletin:

   Som.R.Crim.P. 107.  Approval of Police Complaints and Arrest Warrant Affidavits by Attorney for the Commonwealth

   2.  The Somerset County Court Administrator is directed to:

   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 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; and

   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

RULES OF COURT

Complaints and Warrants--Approval

Som. R.Crim.P. 107.  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 107, 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.

[Pa.B. Doc. No. 98-1437. Filed for public inspection September 4, 1998, 9:00 a.m.]