Current through Register Vol. 54, No. 45, November 9, 2024
Rule 430 - Issuance of Warrant(A) ARREST WARRANTS INITIATING PROCEEDINGS A warrant for the arrest of the defendant shall be issued when:
(1) The citation or summons is returned undelivered; or(2) The issuing authority has reasonable grounds to believe that the defendant will not obey a summons.(B) BENCH WARRANTS(1) A bench warrant shall be issued when:(a) The defendant fails to respond to a citation or summons that was served upon the defendant personally or by certified mail return receipt requested; or(b) The defendant has failed to appear for the execution of sentence as required in Rule 454(F)(3).(2) A bench warrant may be issued when a defendant has entered a not guilty plea and fails to appear for the summary trial, if the issuing authority determines, pursuant to Rule 455(A), that the trial should not be conducted in the defendant's absence.(3) A bench warrant may be issued when: (a) The defendant has entered a guilty plea by mail and the money forwarded with the plea is less than the amount of the fine and costs specified in the citation or summons; or(b) The defendant has been sentenced to pay restitution, a fine, or costs and has defaulted on the payment; or(c) The issuing authority has, in the defendant's absence, tried and sentenced the defendant to pay restitution, and/or to pay a fine and costs and the collateral deposited by the defendant is less than the amount of the fine and costs imposed.(4) No warrant shall issue under paragraph (B)(3) unless the defendant has been given notice in person or by first class mail that failure to pay the amount due or to appear for a hearing may result in the issuance of a bench warrant, and the defendant has not responded to this notice within 10 days. Notice by first class mail shall be considered complete upon mailing to the defendant's last known address.The provisions of this Rule 430 amended February 28, 2003, effective 7/1/2003, 33 Pa.B. 1324; amended August 11, 2003, effective 7/1/2004, 33 Pa.B. 4289; amended April 1, 2005, effective 10/1/2005, 35 Pa.B. 2210; amended June 30, 2005, effective 8/1/2006, 35 Pa.B. 3901; amended February 16, 2007, effective 2/1/2008, 37 Pa.B. 752; amended September 18, 2008, effective 2/1/2009, 38 Pa.B. 5425; amended January 17, 2013, effective 5/1/2013, 43 Pa.B. 654; amended December 21, 2018, effective 5/1/2019, 49 Pa.B. 190.