Section 556.12. Waiver of Grand Jury Action

(A) A defendant, with the consent of the attorney for the Commonwealth and the approval of the supervising judge, may waive action by the grand jury and consent to be bound over to court. If the defendant is represented by counsel,

(1) the defendant thereafter is precluded from raising the sufficiency of the Commonwealth’s prima facie case unless the parties have agreed at the time of the waiver that the defendant later may challenge the sufficiency.

(2) If the defendant waives the action of the grand jury by way of an agreement, made in writing or on the record, and the agreement is not accomplished, the defendant may challenge the sufficiency of the Commonwealth’s prima facie case.

(B) The waiver shall be in writing and signed by the defendant and defense attorney, if any, and shall certify that:

(1) the defendant voluntarily waives the grand jury action and consents to be bound over to court, and

(2) when represented by counsel, the defendant understands that by waiving action by grand jury, he or she is thereafter precluded from raising challenges to the sufficiency of the prima facie case.

Comment

Nothing in this rule is intended to preclude a waiver of action by the grand jury by way of agreement in which both parties agree to the preservation of the defendant’s ability to raise the sufficiency of the Commonwealth’s prima facie case at a subsequent proceeding. Any such agreement must be in writing or made on the record.

Official Note

New Rule 556.12 adopted June 21, 2012, effective in 180 days.

Committee Explanatory Reports:

Final Report explaining the new rule published with the Court’s Order at 42 Pa.B. 4153 (July 7, 2012).

The provisions of this Rule 556.12 adopted June 21, 2012, effective in 180 days, 42 Pa.B. 4140.