IN RE: ORDER REVISING THE COMMENTS OF RULES 900 AND 901 OF THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE
PROCEDURAL RULES DOCKET
NOW, this 1st day of October, 2019, upon
the recommendation of the Criminal Procedural Rules
Committee; the proposal not having been published before
adoption in the interests of justice and efficient
administration, and a Final Report to be
published with this Order:
Ordered pursuant to Article V, Section 10 of the Constitution
of Pennsylvania that the Comments to Pennsylvania
Rules of Criminal Procedure 900 and 901 are revised, in the
Order shall be processed in accordance with Pa.R.J.A. No.
103(b), and shall be effective immediately.
to the rules are shown in bold and are underlined. Deletions
from the rules are shown in bold and brackets.
900. SCOPE; NOTICE IN DEATH PENALTY CASES.
rules in Chapter 9 apply to capital and noncapital cases
under the Post Conviction Relief Act, 42 Pa.C.S. §§
9541-9546, as amended by Act 1995-32 (SS1).
Notice in Death Penalty Cases
death penalty cases upon the Supreme Court's affirmance
of the judgment of a death sentence, the Prothonotary shall
include in the mailing required by Pa.R.A.P. 2521 (Entry of
Judgment or Other Order) the following information concerning
the Post Conviction Relief Act and the procedures under
Chapter 9 of the Rules of Criminal Procedure.
"Parties" as used in Pa.R.A.P. 2521 shall include
the defendant, the defendant's counsel, and the attorney
for the Commonwealth for the purposes of this rule.
(1) A petition for post-conviction collateral relief must be
filed within one year of the date the judgment becomes final,
except as otherwise provided by statute.
(2) As provided in 42 Pa.C.S. § 9545(b)(3), a judgment
becomes final at the conclusion of direct review, which
includes discretionary review in the Supreme Court of the
United States and the Supreme Court of Pennsylvania, or at
the expiration of time for seeking the review.
(3) (a) If the defendant fails to file a petition within the
one-year time limit, the action may be barred. See
42 Pa.C.S. § 9545(b).
(b) Any issues that could have been raised in the
post-conviction proceeding, but were not, may be waived.
See 42 Pa.C.S. § 9544(b).
(4) Pursuant to Rule 904 (Appointment of Counsel; in
Forma Pauperis), the trial judge will appoint new
counsel for the purpose of post-conviction collateral review,
(a) the defendant has elected to proceed pro se or
waive post-conviction collateral proceedings, and the judge
finds, after a colloquy on the record, that the defendant is
competent and the defendant's election is knowing,
intelligent, and voluntary;
(b) the defendant requests continued representation by
original trial counsel or direct appeal counsel, and the
judge finds, after a colloquy on the record, that the
petitioner's election constitutes a knowing, intelligent,