CRIMINAL PROCEEDING BY INFORMATION LAW - REPEALED — 1974 Pa. Act 238 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NO. 1946 PRINTER'S NO. 2202
INTRODUCED BY HILL, ROVNER AND AMMERMAN, MARCH 12, 1974
SENATOR HILL, JUDICIARY, AS AMENDED, MAY 29, 1974
AN ACT
1 Implementing the amendment to Article I, Section 10 of the
2 Constitution of the Commonwealth of Pennsylvania, authorizing
3 courts of common pleas with the approval of the Supreme Court
4 to provide for the initiation of criminal proceedings by a <--
5 district attorney's information instead of by grand jury
6 indictment; providing for the manner of filing such
7 information; placing duties on the courts, district
8 attorneys, SPECIAL ATTORNEYS APPOINTED BY THE ATTORNEY <--
9 GENERAL and officers of the court.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Jurisdiction; Clerk.--The several courts of
13 common pleas which have obtained the approval of the Supreme
14 Court of Pennsylvania to provide for the initiation of criminal
15 proceedings by district attorneys' informations instead of by <--
16 grand jury indictments, shall possess and exercise the same
17 power and jurisdiction as they heretofore possessed in cases of
18 prosecutions upon indictments. The clerk of the court or the
19 officer of the court designated by it, shall file the transcript
20 of proceedings, complaint and all related papers received by it,
21 receive and file informations presented by the district attorney
22 OR THE SPECIAL ATTORNEY APPOINTED BY THE ATTORNEY GENERAL IN THE <--
1 MANNER PROVIDED BY LAW, and record all business of the court
2 relative to criminal prosecutions.
3 Section 2. Scope of the Act.--This act shall not affect
4 criminal proceedings held before the Municipal Court of
5 Philadelphia, district justices of the peace and magistrates, as
6 now provided by law and rules of criminal procedure, nor, except
7 as herein provided, shall it affect criminal proceedings
8 subsequent to the filing of the information by a district
9 attorney OR A SPECIAL ATTORNEY APPOINTED BY THE ATTORNEY GENERAL <--
10 IN THE MANNER PROVIDED BY LAW. Except as otherwise provided in
11 this act or to the extent that they are specifically
12 inconsistent with prosecutions initiated by information,
13 existing statutory law applicable to criminal prosecutions
14 initiated by indictment shall be applicable to the information
15 filed by a district attorney OR A SPECIAL ATTORNEY APPOINTED BY <--
16 THE ATTORNEY GENERAL IN THE MANNER PROVIDED BY LAW hereunder.
17 Section 3. Duty of District Attorney OR SPECIAL ATTORNEY to <--
18 Examine Each Transcript Returned; Necessity of Preliminary
19 Hearing.--(a) Whenever a transcript of proceedings, complaint
20 and all related papers in a criminal proceeding where the
21 defendant has been held for court have been transmitted to the
22 clerk of the common pleas court or the court's designated
23 officer, he, after recording same, shall immediately transmit
24 the documents or a copy thereof to the district attorney OR THE <--
25 SPECIAL ATTORNEY APPOINTED BY THE ATTORNEY GENERAL IN THE MANNER
26 PROVIDED BY LAW. The district attorney OR THE SPECIAL ATTORNEY <--
27 APPOINTED BY THE ATTORNEY GENERAL IN THE MANNER PROVIDED BY LAW,
28 OR THEIR DESIGNEES, shall have the duty to inquire into and make
29 full examination of all the facts and circumstances connected
30 with each such case to determine if the facts and circumstances
19740S1546B2202 - 2 -
1 warrant the filing of an information or informations premised
2 upon the transcript.
3 (b) No information shall be filed by the district attorney
4 OR THE SPECIAL ATTORNEY APPOINTED BY THE ATTORNEY GENERAL IN THE <--
5 MANNER PROVIDED BY LAW concerning alleged criminal violations
6 where a preliminary hearing has not been held or properly waived
7 except in the following cases: AS PROVIDED IN THE RULES OF <--
8 CRIMINAL PROCEDURE.
9 (1) When the preliminary hearing cannot be held for the <--
10 defendant because the defendant cannot be found in the
11 Commonwealth or the statute of limitations will run prior to the
12 time when a preliminary hearing can be held or a preliminary
13 hearing cannot be held for other good cause; in each of the
14 foregoing cases, the district attorney, prior to filing the
15 information shall obtain leave of the court to do so; or
16 (2) When an investigating grand jury has recommended that an
17 information or informations be filed, and in such other cases as
18 provided by law or rules of criminal procedure where an
19 indictment could have been obtained without the defendant having
20 the right to a preliminary hearing.
21 Section 4. District Attorney's Disposition of Cases.--The <--
22 district attorney OR THE SPECIAL ATTORNEY APPOINTED BY THE <--
23 ATTORNEY GENERAL IN THE MANNER PROVIDED BY LAW shall sign all
24 informations. The information shall be filed in such form as the
25 rules of criminal procedure provide. After the filing of the
26 information, he shall not enter a nolle prosequi or dispose of
27 any criminal cases or discharge a prisoner from custody by means
28 of a proceeding in lieu of plea or trial without having obtained
29 the approval of the court.
30 Section 5. Investigating Grand Juries Not Affected.--No
19740S1546B2202 - 3 -
1 grand jury shall be impaneled in any judicial district where
2 this act is applicable for the purpose of considering bills of
3 indictment: Provided, however, That nothing in this act shall
4 prohibit the impaneling as heretofore of, or affect the
5 functioning of, a grand jury for the purpose of investigating
6 offenses against the criminal laws of the Commonwealth or for
7 any other purpose as provided by law.
8 Section 6. Effective Date; Repealer.--This act shall take
9 effect immediately but shall be applicable only in those
10 judicial districts which have obtained the approval of the
11 Pennsylvania Supreme Court to substitute informations for grand
12 jury indictments as the method for initiating criminal
13 prosecutions. Thereafter, all acts and parts of acts
14 inconsistent herewith shall not apply in said judicial
15 districts.
C8L10JR/19740S1546B2202 - 4 -