Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
Part C - Venue, Location, and Recording of Proceedings Before Issuing Authority
Rule 130 - Venue; Transfer of Proceedings
Universal Citation: 234 PA Code ยง 130
Current through Register Vol. 54, No. 44, November 2, 2024
(A) VENUE
All criminal proceedings in summary and court cases shall be brought before the issuing authority for the magisterial district which in the offense is alleged to have occurred or before an issuing authority on temporary assignment to serve such magisterial district, subject, however, to the following exceptions:
(1) A criminal
proceeding may be brought before any issuing authority of any magisterial
district within the judicial district whenever the particular place within the
judicial district which the offense is alleged to have occurred in
unknown.
(2) When changes arising
from the same criminal episode occur in more than one magisterial district
within the same judicial district, the criminal proceeding on all the charges
should be brought before one issuing authority in any one of the magisterial
districts in which the charges arising from the same criminal episode
occurred.
(3) When charges arising
from the criminal episode occur in more than one judicial district, the
criminal proceeding on all the charges may be brought before one issuing
authority in a magisterial district within any of the judicial districts in
which the charges arising from the same criminal episode occurred.
(4) Whenever an arrest is made without a
warrant for any summary offense arising under the Vehicle Code, which allegedly
occurred on a highway of the Pennsylvania Turnpike System or any controlled or
limited access highway, or any right-of-way of such System or highway, or any
other highway or highways of the Commonwealth, the defendant shall be taken and
the proceeding shall be brought either where the offense allegedly occurred, or
before the issuing authority for any other magisterial district within the same
judicial district which, in the judgment of the arresting officer, is most
convenient to the place of arrest without regard to the boundary line of any
magisterial district or judicial district.
(5) When any offense is alleged to have
occurred within 100 yards of the boundary between two or more magisterial
districts of a judicial district, the proceeding may be brought in either or
any of the magisterial districts without regard of the boundary lines of any
county.
(6) When the president
judge designates a magisterial district or a location in that district in which
certain classes of offenses, which occurred in other specified magisterial
districts, may be heard.
(B) TRANSFER OF PROCEEDINGS IN COURT CASES
(1) Prior to the completion of the
preliminary hearing:
(a) When charges arising
from a single criminal episode, which occurred in more than one judicial
district,
(i) are filed in more than one
judicial district, upon the filing with the issuing authority of a written
agreement by the attorneys for the Commonwealth, the proceedings shall be
transferred to the magisterial district in the judicial district selected by
the attorneys for the Commonwealth; or
(ii) are filed in one judicial district, upon
the filing of a written agreement by the attorneys for the Commonwealth, the
proceedings shall be transferred to the magisterial district in the judicial
district selected by the attorneys for the Commonwealth.
(b) When charges arising from a single
criminal episode, which occurred in more than one magisterial district,
(i) are filed in more than one magisterial
district, the proceedings may be transferred to the magisterial district
selected by the attorney for the Commonwealth; or
(ii) are filed in one magisterial district,
the proceedings may be transferred to another magisterial district selected by
the attorney for the Commonwealth.
(2) The issuing authority shall promptly
transmit to the issuing authority of the magisterial district to which the
proceedings are being transferred a certified copy of all docket entries,
together with all the original papers filed in the proceeding, a copy of the
bail bond and any deposits in satisfaction of a monetary condition of bail, and
a bill of the costs which have accrued but have not been collected prior to the
transfer.
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