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In re Order Amending Rule 462 and Revising Comment to Rule 460 of Pennsylvania Rules of Criminal Procedure

Supreme Court of Pennsylvania

December 29, 2017

IN RE: ORDER AMENDING RULE 462 AND REVISING THE COMMENT TO RULE 460 OF THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE

         CRIMINAL PROCEDURAL RULES DOCKET

          ORDER

          PER CURIAM.

         AND NOW, this 29th day of December, 2017, upon the recommendation of the Criminal Procedural Rules Committee; the proposal having been published before adoption at 47 Pa.B. 3959 (July 22, 2017), 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 Pennsylvania Rule of Criminal Procedure 462 is amended and the Comment to Pennsylvania Rule of Criminal Procedure 460 is revised, in the attached form.

         This ORDER shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective April 1, 2018.

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

         Deletions from the rules are shown in bold and brackets.

         RULE 460. NOTICE OF APPEAL.

         (A) When an appeal is authorized by law in a summary proceeding, including an appeal following a prosecution for violation of a municipal ordinance that provides for imprisonment upon conviction or upon failure to pay a fine, an appeal shall be perfected by filing a notice of appeal within 30 days after the entry of the guilty plea, the conviction, or other final order from which the appeal is taken. The notice of appeal shall be filed with the clerk of courts.

         (B) The notice of appeal shall contain the following information:

(1) the name and address of the appellant;
(2) the name and address of the issuing authority who accepted the guilty plea or heard the case;
(3) the magisterial district number in which the case was heard;
(4) the name and mailing address of the affiant as shown on the complaint or citation;
(5) the date of the entry of the guilty plea, the conviction, or other final order from which the appeal is taken;
(6) the offense(s) of which convicted or to which a guilty plea was entered, if any;
(7) the sentence imposed, and if the sentence includes a fine, costs, or restitution, whether the amount due has been paid;
(8) the type or amount of bail or collateral, if any, furnished to the issuing authority;
(9) the name and address of the attorney, if any, filing the notice of appeal; and
(10) except when the appeal is from a guilty plea or a conviction, the grounds relied upon for appeal.

         (C) Within 5 days after filing the notice of appeal, a copy shall be served either personally or by mail by the clerk of courts upon the issuing authority, the affiant, and the appellee or appellee's attorney, if any.

         (D) The issuing authority shall, within 20 days after receipt of the notice of appeal, file with the clerk of courts:

(1) the transcript of the proceedings;
(2) the original complaint or citation, if any;
(3) the summons or warrant of arrest, if any; and
(4) the bail bond, if any.

         (E) This rule shall provide the exclusive means of appealing from a summary guilty plea or conviction. Courts of common pleas shall not issue writs of certiorari in such cases.

         (F) This rule shall not apply to appeals from contempt adjudications.

COMMENT: This rule is derived from former Rule 86(A), (D), (E), (F), (H), and (I).
This rule applies to appeals in all summary proceedings, including appeals from prosecutions for violations of municipal ordinances [which] that provide for the possibility of imprisonment, and default hearings.
This rule was amended in 2000 to make it clear in a summary criminal case that the defendant may file an appeal for a trial de novo following the entry of a guilty plea.
Appeals from contempt adjudications are governed by Rule 141.
The narrow holding in City of Easton v. Marra, 326 A.2d 637 (Pa. Super. 1974), is not in conflict, since the record before the court did not indicate that imprisonment was possible under the ordinance there in question.
See Rule 461 for the procedures for executing a sentence of imprisonment when there is a stay.
"Entry, " as used in this rule, means the date on which the issuing authority enters or records the guilty plea, the conviction, or other order in the [district justice] magisterial district judge computer system.
When the only issues on appeal arise solely from an issuing authority's determination after a default hearing pursuant to Rule 456, the matter must be heard de novo by the appropriate judge of the court of common pleas and only those issues arising from the default hearing are to be considered. It is not intended to reopen other issues not properly preserved for appeal. A determination after a default hearing would be a final order for purposes of these rules.
Paragraph (D) was amended in 2003 to align this rule with Rule 401(A), which permits the electronic transmission of parking violation information in lieu of filing a citation. Therefore, in electronically transmitted parking violation cases only, because there is no original citation, the issuing authority ...

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