Current through Register Vol. 54, No. 38, September 21, 2024
(A)
For purposes of this rule, "arrest warrant information" is defined as the
criminal complaint in cases in which an arrest warrant is issued, the arrest
warrant, any affidavit(s) of probable cause, and documents or information
related to the case.
(B) At the
request of the attorney for the Commonwealth in the form of a motion, the
arrest warrant information may be sealed upon good cause shown at the time the
complaint is filed.
(C) Submission
to Judge or Justice of Request for Sealed Arrest Warrant
When the attorney for the Commonwealth intends to request
that the arrest warrant information be sealed, at the time the complaint is
filed, the attorney for the Commonwealth shall present the arrest warrant
information to a judge of the court of common pleas or an appellate court judge
or justice. The arrest warrant affidavit(s) shall include the facts and
circumstances that are alleged to establish good cause for the sealing of the
arrest warrant information.
(1) When
the judge or justice orders the arrest warrant information sealed, the order
shall:
(a) certify that for good cause shown
the arrest warrant information is sealed and state the date and time that the
sealing of the arrest warrant information shall expire; and
(b) when requested by the attorney for the
Commonwealth, specify that the arrest warrant information may be released by
the attorney for the Commonwealth to the law enforcement agencies listed in the
order.
(2) When a judge
of the court of common pleas orders the arrest warrant information sealed, he
or she shall accept the filing of the written complaint, which shall be marked
as sealed, and shall issue the sealed arrest warrant. When a judge or justice
of an appellate court orders the arrest warrant information sealed, he or she
shall direct that the complaint be filed in the court of common pleas and the
sealed arrest warrant shall be issued by a judge of the court of common
pleas.
(3) When the judge or
justice issues the sealed arrest warrant, the judge or justice also shall issue
an order designating the proper issuing authority before whom the case shall
proceed upon execution of the warrant.
(4) When the sealed arrest warrant is issued,
the sealed arrest warrant information, the sealing order, and the order
designating the proper issuing authority shall be filed with the clerk of
courts in the judicial district in which the charges are being filed.
(5) Upon execution of the sealed arrest
warrant, the affiant shall file a copy of the sealed arrest warrant information
with the proper issuing authority along with copies of the order sealing the
arrest warrant information and the order designating the proper issuing
authority. Thereafter, the case will proceed before the proper issuing
authority.
(D) The arrest
warrant information shall be sealed for a period of not more than 60 days,
unless the time period is extended as provided in paragraph (D)(1) or (D)(2).
(1) Upon motion of the attorney for the
Commonwealth for good cause shown, the justice or judge who sealed the arrest
warrant information may extend the period of time that the arrest warrant
information will remain sealed. If the justice or judge is unavailable, another
justice or judge shall be assigned to decide the motion.
(2) Upon motion for good cause shown, the
justice or judge may grant an unlimited number of extensions of the time that
the arrest warrant information shall remain sealed. Each extension shall be for
a period of not more than 30 days.
(3) If the motion requesting any extension
pursuant to paragraphs (D)(1) or (D)(2) is granted, the motion and any record
of the hearing on the motion shall be sealed and transmitted with the extension
order to the clerk of courts and a copy of the extension order shall be
transmitted to the proper issuing authority.
(E) Upon motion of the attorney for the
Commonwealth, the justice or judge shall order the arrest warrant information
to be unsealed.
(F) Defendant's
Access to Sealed Arrest Warrant Information
(1) After the sealed arrest warrant is
executed, a copy of the arrest warrant information shall be given to the
defendant at the preliminary arraignment as provided in Rule 540, unless
otherwise ordered as provided in paragraph (F)(2).
(2) Upon motion of the attorney for the
Commonwealth, the justice or judge who issued the warrant, for good cause shown
and after hearing, may delay giving the defendant a copy of the sealed arrest
warrant information, in whole or in part, for periods of not more than 30 days.
In no case shall the delay extend beyond the date of the preliminary
hearing.
(3) If the justice or
judge is unavailable, another justice or judge shall be assigned to decide the
motion.
(G) Until the
order sealing the arrest warrant information and any extensions thereof
expires, the judge and clerk of courts shall not make the arrest warrant
information available for public inspection and dissemination.
