Current through Register Vol. 54, No. 45, November 9, 2024
Rule 431 - Procedure When Defendant Arrested With Warrant(A) When a warrant is issued pursuant to Rule 430 in a summary case, the warrant shall be executed by a police officer as defined in Rule 103. (1) If the warrant is executed between the hours of 6 a.m. and 10 p.m., the police officer shall proceed as provided in paragraphs (B) or (C).(2) If the warrant is executed outside the hours of 6 a.m. and 10 p.m., unless the time period is extended by the president judge by local rule enacted pursuant to Rule 105, the police officer shall call the proper issuing authority to determine when the issuing authority will be available pursuant to Rule 117.(B)Arrest Warrants Initiating Proceedings(1) When an arrest warrant is executed, the police officer shall either: (a) accept from the defendant a signed guilty plea and the full amount of the fine and costs if stated on the warrant;(b) accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant; or(c) if the defendant is unable to pay, cause the defendant to be taken without unnecessary delay before the proper issuing authority.(2) When the police officer accepts fine and costs, or collateral under paragraphs (B)(1)(a) or (b), the officer shall issue a receipt to the defendant setting forth the amount of fine and costs, or collateral received and return a copy of the receipt, signed by the defendant and the police officer, to the proper issuing authority.(3) When the defendant is taken before the issuing authority under paragraph (B)(1)(c), (a) The defendant shall enter a plea; and(b) if the defendant pleads guilty, the issuing authority shall impose sentence. If the defendant pleads not guilty, the defendant shall be given an immediate trial unless: (i) The Commonwealth is not ready to proceed, or the defendant requests a postponement or is not capable of proceeding, and in any of these circumstances, the issuing authority shall release the defendant on recognizance unless the issuing authority has reasonable grounds to believe that the defendant will not appear, in which case, the issuing authority may fix the amount of collateral to be deposited to ensure the defendant's appearance on the new date and hour fixed for trial; or(ii) The defendant's criminal record must be ascertained prior to trial as specifically required by statute for purposes of grading the offense charged, in which event the issuing authority shall release the defendant on recognizance unless the issuing authority has reasonable grounds to believe that the defendant will not appear, in which case, the issuing authority may fix the amount of collateral to be deposited to ensure the defendant's appearance on the new date and hour fixed for trial, which shall be after the issuing authority's receipt of the required information.(iii) In determining whether it is necessary to set collateral and what amount of collateral should be set, the issuing authority shall consider the factors listed in Rule 523. The amount of collateral shall not exceed the full amount of the fine and costs.(iv) If collateral has been set, the issuing authority shall state in writing the reason(s) why any collateral other than release on recognizance has been set and the facts that support a determination that the defendant has the ability to pay monetary collateral.(v) If collateral is set and the defendant does not post collateral, the defendant shall not be detained without a trial longer than 72 hours or the close of the next business day if the 72 hours expires on a non-business day.(c) If the defendant is under 18 years of age and cannot be given an immediate trial, the issuing authority promptly shall notify the defendant and defendant's parents, guardian, or other custodian of the date set for the summary trial, and shall release the defendant on his or her own recognizance.(C) Bench Warrants (1) When a bench warrant is executed, the police officer shall either:(a) accept from the defendant a signed guilty plea and the full amount of the fine and costs if stated on the warrant;(b) accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant;(c) accept from the defendant the amount of restitution, fine, and costs due as specified in the warrant if the warrant is for collection of restitution, fine, and costs after a guilty plea or conviction; or(d) if the defendant is unable to pay, promptly take the defendant for a hearing on the bench warrant as provided in paragraph (C)(3).(2) When the defendant pays the restitution, fine, and costs, or collateral pursuant to paragraph (C)(1), the police officer shall issue a receipt to the defendant setting forth the amount of restitution, fine, and costs received and return a copy of the receipt, signed by the defendant and the police officer, to the proper issuing authority.(3) When the defendant does not pay the restitution, fine, and costs, or collateral, the defendant promptly shall be taken before the proper issuing authority when available pursuant to Rule 117 for a bench warrant hearing. The bench warrant hearing may be conducted using two-way simultaneous audio-visual communication.The provisions of this Rule 431 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 March 9, 2006, effective 8/1/2006, 36 Pa.B. 1396; amended May 7, 2014, effective immediately, 44 Pa.B. 3056; amended April 10, 2015, effective 7/10/2015, 45 Pa.B. 2040.