Section 118. Court Fees Prohibited For Two-Way Simultaneous Audio- Visual Communication

When a criminal proceeding is conducted by using two-way simultaneous audio-visual communication, the court shall not impose a fee upon the defendant for its use.

Comment

This rule implements the March 13, 2002 Order of the Supreme Court of Pennsylvania (No. 241 Judicial Administration; Doc. No. 1) that states, ‘‘No fees shall be imposed against a defendant in a criminal proceeding for the utilization of advanced communication technology.’’ See 32 Pa.B. 1642 (March 30, 2002). When a criminal proceeding is conducted using two-way simultaneous audio-visual communication, this rule precludes the imposition of fees upon a defendant for the use of the two-way simultaneous audio-visual communication. See, e.g., Rules 540 (Preliminary Arraignment) and 571 (Arraignment). Two-way simultaneous audio-visual communication is a type of advanced communication technology as defined in Rule 103 (Definitions).

A ‘‘fee’’ as used in this rule includes, but is not limited to, a cost, charge, surcharge, and service charge.

Official Note

New Rule 117 adopted September 20, 2002, effective January 1, 2003; renumbered Rule 118 June 30, 2005, effective August 1, 2006.

Committee Explanatory Reports:

Final Report explaining new Rule 117 published with the Court’s Order at 32 Pa.B. 4815 (October 4, 2002).

Final Report explaining the June 30, 2005 renumbering of Rule 117 as Rule 118 published with the Court’s Order at 35 Pa.B. 3911 (July 16, 2005).

The provisions of this Rule 118 adopted September 20, 2002, effective January 1, 2003, 32 Pa.B. 4814; amended June 30, 2005, effective August 1, 2006, 35 Pa.B. 3901. Immediately preceding text appears at serial pages (303623) to (303624).