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Pennsylvania Local Court Rules
Lehigh County Of Pennsylvania
Criminal Court Rules
Rule 507 - Approval Of Police Complaints And Arrest Warrant Affidavits By Attorney For The Commonwealth

Leh. Cnty. Pa. 507

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As amended through February 1, 2020
Rule 507 - Approval Of Police Complaints And Arrest Warrant Affidavits By Attorney For The Commonwealth

The District Attorney of Lehigh County having filed a certification pursuant to Pa.R.Crim.P. 507:

1. Enumerated Offenses.

Criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging one or more of the following offenses shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing:

a. Criminal Homicide -18 Pa.C.S. § 2501

Murder of any degree - 18 Pa.C.S. § 2502

Voluntary Manslaughter - 18 Pa.C.S. § 2503

Involuntary Manslaughter - 18 Pa.C.S. § 2504

Drug Delivery Resulting in Death -18 Pa.C.S. § 2506

Criminal Homicide of Law Enforcement Officer - 18 Pa.C.S. § 2507

Criminal Homicide of Unborn Child - 18 Pa.C.S § 2604

Voluntary Manslaughter of Unborn Child - 18 Pa.C.S. § 2605

b. Aggravated Assault - 18 Pa.C.S. § 2702

Assault by Prisoner - 18 Pa.C.S. § 2703

Assault by Life Prisoner - 18 Pa.C.S. § 2704

Recklessly Endangering Another Person - 18 Pa.C.S. § 2705

Discharge of a Firearm into an Occupied Structure - 18 Pa.C.S. § 2707.1

Stalking - 18 Pa.C.S. § 2709.1

Ethnic Intimidation - 18 Pa.C.S. § 2710

Neglect of Care-Dependent Person - 18 Pa.C.S. § 2713

Abuse of Care-Dependent Person - 18 Pa.C.S. § 2713.1

Weapons of Mass Destruction - 18 Pa.C.S. § 2716

Strangulation - 18 Pa.C.S. § 2718

c. Aggravated Hazing - 18 Pa.C.S. § 2803
d. Kidnapping - 18 Pa.C.S. § 2901
e. Trafficking in Individuals - 18 Pa.C.S. § 3011
f. Rape 18 Pa.C.S. - 3121

Statutory Sexual Assault - 18 Pa.C.S. § 3122

Involuntary Deviate Sexual Intercourse - 18 Pa.C.S. § 3123

Sexual Assault - 18 Pa.C.S. § 3124.1

Institutional Sexual Assault - 18 Pa.C.S. § 3124.2

Sexual Assault by Sports Official, Volunteer or Employee of Non-Profit Association - 18 Pa.C.S. § 3124.3

Aggravated Indecent Assault - 18 Pa.C.S. § 3125

g. Arson - 18 Pa.C.S. § 3301

Causing or Risking a Catastrophe - 18 Pa.C.S. § 3302

h. Burglary - 18 Pa.C.S. § 3502
i. Robbery - 18 Pa.C.S. § 3701

Robbery of Motor Vehicle 18 Pa.C.S. § 3702

j. Theft and Receiving Stolen Property (firearms) - 18 Pa.C.S. § 3903(a)(2) and (a.1)
k. Endangering Welfare of Children - 18 Pa.C.S. § 4304
i. Bribery in Official and Political Matters - 18 Pa.C.S. § 4701

Threats and Other Improper Influences in Official and Political Matters - 18 Pa.C.S. § 4702

m. Perjury - 18 Pa.C.S. § 4902
n. Hindering Apprehension or Prosecution - 18 Pa.C.S. § 5105
o. Abuse of Corpse - 18 Pa.C.S. § 5510

Aggravated Cruelty to Animal - 18 Pa.C.S. § 5534

p. Interception, Disclosure or Use of Wire, Electronic or Oral Communications - 18 Pa.C.S. § 5703
q. Person Not to Possess Firearm - 18 Pa.C.S. § 6105

Firearms Not to be Carried Without a License - 18 Pa.C.S. § 6106

Possession of Firearm by a Minor - 18 Pa.C.S. § 6110.1

Possession of Firearm with Altered Manufacturer's Number - 18 Pa.C.S. § 6110.2

Possession of Firearm with Altered Serial Number - 18 Pa.C.S. § 6110.2

Certain Bullets Prohibited - 18 Pa.C.S. § 6121

r. Corruption of Minors - 18 Pa.C.S. § 6301

Sexual abuse of children - 18 Pa.C.S. § 6312

Unlawful Contact with Minor - 18 Pa.C.S. § 6318

Sexual Exploitation of Children - 18 Pa.C.S. § 6320

Transmission of Sexually Explicit Images by Minor - 18 Pa.C.S. § 6321

s. Election code violations 25 Pa.C.S. (all offenses)
t. Controlled substance, drug device and cosmetic act 35 P. S. § 780-113 (all felonies)
u. Homicide by vehicle - 75 Pa.C.S. § 3732

Aggravated Assault by Vehicle - 75 Pa.C.S. § 3732.1

Homicide by vehicle while driving under influence - 75 Pa.C.S § 3735

Aggravated Assault by Vehicle while driving under the influence - 75 Pa.C.S. § 3735.1

Accidents involving death or serious bodily injury - 75 Pa.C.S. § 3742(b)(2) and (3)

v. Criminal attempt to commit any of the above offenses - 18 Pa.C.S. § 901

Criminal solicitation to commit any of the above offenses - 18 Pa.C.S. § 902

Criminal conspiracy to commit any of the above offenses - 18 Pa.C.S. § 903

w. Any offense which is not a "delinquent act" as defined in 6302(2)(i), (ii) and (iii) of the Juvenile Act, 42 Pa.C.S. § 6302(2) (i), (ii) and (iii)1.
2. Re-Arrests and Refilings

Police criminal complaints or arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing where the complaint or arrest warrant are for the rearrest of a defendant previously discharged, or to reinstitute a charge or charges previously dismissed by an issuing authority for failure to prove a prima facie case, provided the current and the former cases arise out of the same criminal episode.

3. Arrest Warrant Affidavits Requiring Sealing.

Arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the arrest warrant affidavit has the approval of an attorney for the Commonwealth prior to filing in any case where the affidavit contains information, the disclosure of which, in the opinion of the police, would endanger the safety of an informant, jeopardize the integrity of an ongoing criminal investigation, or which for any other reason should not be disclosed at or about the time of the execution of the warrants. The judicial officer shall ask the police, prior to accepting an affidavit, whether it contains any such information, and if the police indicate it does, the judicial officer shall require that it be submitted to an attorney for the Commonwealth for approval in accordance with this Rule. If the police indicate it does not, the judicial officer shall accept the affidavit.

1 The term ["delinquent act"] shall not include:(i) The crime of murder.(ii) Any of the following prohibited conduct where the child was 15 years of age or older at the time of the alleged conduct, and a deadly weapon as defined in 18 Pa.C.S. § 2301 (relating to definitions) was used during the commission of the offense, which, if committed by an adult, would be classified as: (A) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). (B) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse.(C) Aggravated assault as defined in 18. Pa.C.S. 2702(a)(1) or (2) (relating to aggravated assault).(D) Robbery as defined in 18. Pa.C.S. 3701(a)(1)(I), (ii) or (iii) (relating to robbery). (E) Robbery of motor vehicle as defined in 18. Pa.C.S. 3702 (relating to robbery of motor vehicle). (F) Aggravated indecent assault as defined in 18. Pa.C.S. 3125 (relating to aggravated indecent assault).(G) Kidnapping as defined in 18. Pa.C.S. 2901 (relating to kidnapping). (H) Involuntary manslaughter. (I) An attempt, conspiracy or solicitation to commit murder or any of these crimes, as provided in 18. Pa.C.S. § 901 (relating to criminal attempt), 902 (relating to criminal Rev. 7/2018 solicitation) and 903

Leh. Cnty. Pa. 507

Amended effective 12/1/2015; revised effective 2/1/2020.