Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Order Amending Rules 531 and 536 of Pennsylvania Rules of Criminal Procedure

Supreme Court of Pennsylvania

May 2, 2017

IN RE: ORDER AMENDING RULES 531 AND 536 OF THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE

         CRIMINAL PROCEDURAL RULES

          ORDER

          PER CURIAM

         AND NOW, this 2nd day of May, 2017, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 46 Pa.B. 3935 (July 23, 2016) and a Final Report to be published with this ORDER:

         IT IS ORDERED pursuant to Article V, Section 10 of the Constitution of Pennsylvania that the amendments to Pennsylvania Rules of Criminal Procedure 531 and 536 are adopted, in the attached form.

         This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective July 1, 2017.

         Justice Donohue files a dissenting statement.

         Additions to the rules are shown in bold and are underlined.

         Deletions from the rules are shown in bold and brackets.

         DISSENTING STATEMENT

          DONOHUE JUSTICE

         Pursuant to Article V, Section 10 of the Pennsylvania Constitution, I would suspend portions of 42 Pa.C.S. § 5747.1(a) and 42 Pa.C.S. § 5747.1(b)(1), which the Criminal Procedural Rules Committee identified as procedural in nature. To the extent the amendment to Rule 536 incorporates those provisions, I respectfully dissent.

         RULE 531. QUALIFICATIONS OF SURETY.

         (A) Subject to any additional requirements prescribed by local rule of court, the following shall be qualified to act as sureties:

(1) owners of cash or securities as provided in Rule 528;
(2) owners of realty located in the Commonwealth as provided in Rule 528(D)(3), or owners of realty located outside the Commonwealth but within the United States as provided in Rule 528(D)(4), provided that satisfactory evidence of ownership or special approval of the court is obtained;
(3) surety companies approved by the court and authorized to do business in the Commonwealth of Pennsylvania;
(4) professional bondsmen licensed under the Judicial Code, 42 Pa.C.S. §§ 5741- [5749] 5750;
(5) for percentage cash bail only, the defendant or any private individual or organization.

         (B) No attorney, or spouse or employee of any attorney, shall be permitted to become a surety for a client of the attorney or for a client of the attorney's office.

         (C) No sheriff, employee of a sheriff, tipstaff, other employee, or official of the courts or issuing authorities of any judicial district shall be permitted to become a surety unless the defendant is a member of that person's immediate family.

         (D) No person who is named in any current official list of undesirable bondsmen shall be permitted to become a surety in any case.

COMMENT: Paragraph (A)(2) is intended to require that ownership of realty anywhere within the Commonwealth qualifies a person to act as a surety in any judicial district in the Commonwealth. Local procedure may not require as an "additional requirement" that realty must be located within the county before it may be posted to satisfy a monetary condition of release.
["Professional bondsman, " as defined in the Judicial Code, 42 Pa.C.S. §§ 5741- 5749, includes any person who, within a 30-day period, becomes a surety or indemnifies a surety pursuant to these rules in three or more matters not arising under the same transaction, whether or not the person charges a fee or receives compensation. See 42 Pa.C.S. § 5741.]
"Bail bondsman, " as defined in the Judicial Code, 42 Pa.C.S. §§ 5741- 5750, includes a person who engages in the business of giving bail as a surety for compensation. See 42 Pa.C.S. § 5741.
"Surety, " as defined in the Judicial Code, 42 Pa.C.S. ยงยง 5741-5750, includes a person who pledges security, whether or not for compensation, in exchange for the release from custody of a person charged with a crime prior ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.