Current through Register Vol. 54, No. 45, November 9, 2024
Rule 140 - Bench Warrants for Failure to Appear at HearingsA.Issuance of warrant.1) Before a bench warrant may be issued by a judge, the judge shall find that the subpoenaed or summoned person received sufficient notice of the hearing and failed to appear.2) For the purpose of a bench warrant, a judge may not find notice solely based on first-class mail service.B.Entry of warrant information. Upon being notified by the court, the juvenile probation officer or other court designee shall enter or request that a law enforcement officer enter the bench warrant in all appropriate registries.C.Juvenile.1)Where to take the juvenile.a) When a juvenile is taken into custody pursuant to a bench warrant, the juvenile shall be taken without unnecessary delay to the judge who issued the warrant or a judge or juvenile court hearing officer designated by the President Judge to hear bench warrants.b) If the juvenile is not brought before a judge or juvenile court hearing officer, the juvenile shall be released unless:i) the warrant specifically orders detention of the juvenile; orii) there are circumstances learned at the time of the surrender or apprehension that warrant detention of the juvenile.c) If a juvenile is detained, the juvenile shall be detained in a detention facility or other facility designated in the bench warrant by the judge pending a hearing.2)Prompt hearing.a) If a juvenile is detained, the juvenile shall be brought before the judge who issued the warrant, a judge or juvenile court hearing officer designated by the President Judge to hear bench warrants, or an out-of-county judge or juvenile court hearing officer pursuant to paragraph (C)(4) within seventy-two hours.b) If the juvenile is not brought before a judge or juvenile court hearing officer within this time, the juvenile shall be released.3)Notification of guardian. If a juvenile is taken into custody pursuant to a bench warrant, the arresting officer shall immediately notify the juvenile's guardian of the juvenile's whereabouts and the reasons for the issuance of the bench warrant.4)Out-of-county custody.a) If a juvenile is taken into custody pursuant to a bench warrant in a county other than the county of issuance, the county of issuance shall be notified immediately.b) Arrangements to transport the juvenile shall be made immediately.c) If transportation cannot be arranged immediately, then the juvenile shall be taken without unnecessary delay to a judge or juvenile court hearing officer of the county where the juvenile is found.d) The judge or juvenile court hearing officer will identify the juvenile as the subject of the warrant, decide whether detention is warranted, and order or recommend that arrangements be made to transport the juvenile to the county of issuance.5)Time requirements. The time requirements of Rules 240, 391, 404, 510, and 605 shall be followed.D.Witnesses.1)Where to take the witness.a) When a witness is taken into custody pursuant to a bench warrant, the witness shall be taken without unnecessary delay to the judge who issued the warrant or a judge or juvenile court hearing officer designated by the President Judge to hear bench warrants.b) If the witness is not brought before a judge or juvenile court hearing officer, the witness shall be released unless the warrant specifically orders detention of the witness.c) A motion for detention as a witness may be filed anytime before or after the issuance of a bench warrant. The judge may order or the juvenile court hearing officer may recommend detention of the witness pending a hearing. 1)Minor. If a detained witness is a minor, the witness shall be detained in a detention facility.2)Adult. If a detained witness is an adult, the witness shall be detained at the county jail.2)Prompt hearing.a) If a witness is detained pursuant to paragraph (D)(1)(c) or brought back to the county of issuance pursuant to paragraph (D)(4)(f), the witness shall be brought before the judge or juvenile court hearing officer by the next business day.b) If the witness is not brought before a judge or juvenile court hearing officer within this time, the witness shall be released.3)Notification of guardian. If a witness who is taken into custody pursuant to a bench warrant is a minor, the arresting officer shall immediately notify the witness's guardian of the witness's whereabouts and the reasons for the issuance of the bench warrant.4)Out-of-county custody.a) If a witness is taken into custody pursuant to a bench warrant in a county other than the county of issuance, the county of issuance shall be notified immediately.b) The witness shall be taken without unnecessary delay and within the next business day to a judge or juvenile court hearing officer of the county where the witness is found.c) The judge or juvenile court hearing officer will identify the witness as the subject of the warrant, decide whether detention as a witness is warranted, and order or recommend that arrangements be made to transport the witness to the county of issuance.d) Arrangements to transport the witness shall be made immediately.e) If transportation cannot be arranged immediately, the witness shall be released unless the warrant or other order of court specifically orders detention of the witness.i)Minor. If the witness is a minor, the witness may be detained in an out-of-county detention facility.ii)Adult. If the witness is an adult, the witness may be detained in an out-of-county jail.f) If detention is ordered, the witness shall be brought back to the county of issuance within seventy-two hours from the execution of the warrant.g) If the time requirements of this paragraph are not met, the witness shall be released.E.Advanced communication technology. A court may utilize advanced communication technology pursuant to Rule 129 for a juvenile or a witness unless good cause is shown otherwise.F.Return & execution of the warrant for juveniles and witnesses.1) The bench warrant shall be executed without unnecessary delay.2) The bench warrant shall be returned to the judge who issued the warrant or to the judge or juvenile court hearing officer designated by the President Judge to hear bench warrants.3) When the bench warrant is executed, the arresting officer shall immediately execute a return of the warrant with the judge.4) Upon the return of the warrant, the judge shall vacate the bench warrant.5) Once the warrant is vacated, the juvenile probation officer or other court designee shall remove or request that a law enforcement officer remove the bench warrant in all appropriate registries.The provisions of this Rule 140 adopted February 26, 2008, effective 6/1/2008, 38 Pa.B. 1142; amended September 30, 2009, effective 1/1/2010, 39 Pa.B. 6029; amended April 21, 2011, effective 7/1/2011, 41 Pa.B. 2319; amended September 20, 2011, effective 11/1/2011, 41 Pa.B. 5355; amended April 6, 2017, effective 9/1/2017, 47 Pa.B. 2313; amended May 4, 2018, effective 7/1/2018, 48 Pa.B. 2939.