Section 534. Duration of Obligation

Unless bail is revoked, a bail bond shall be valid until the full and final disposition of the case, including all avenues of direct appeal to the Supreme Court of Pennsylvania.

Comment

The intent of this rule is to continue the validity of the bail bond through all avenues of direct appeal in the state courts, but to exclude state post-conviction collateral proceedings, federal appeals and post-conviction habeas corpus proceedings, or any other collateral attacks.

When bail is terminated upon acceptance of the defendant into an ARD program, such action constitutes a ‘‘full and final disposition’’ for purposes of this rule and Rule 535 (Receipt of Deposit; Return of Deposit). See Rule 313.

A defendant who is released on bail pursuant to these rules and subsequently incarcerated on the same charges may be entitled, before the full and final disposition of the case, to a return of any cash or other form of security deposited to satisfy a monetary condition of bail. See Commonwealth v. McDonald, 382 A.2d 124 (Pa. 1978).

Official Note

Former Rule 4014 adopted July 23, 1973, effective 60 days hence, replacing previous Rule 4006; amended December 11, 1981, effective July 1, 1982; rescinded November 9, 1984, effective January 2, 1985, and not replaced. Present Rule 4014 adopted September 13, 1995, effective January 1, 1996. The January 1, 1996 effective date extended to April 1, 1996; the April 1, 1996 effective date extended to July 1, 1996; renumbered Rule 534 and Comment revised March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the provisions of the new rule published with Court’s Order at 25 Pa.B. 4116 (September 30, 1995).

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).