No statutes or acts will be found at this website.
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3010 (May 25, 2024).
• No statutes or acts will be found at this website.
The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 3010 (May 25, 2024).
(A) When the affiant is not a law enforcement officer, the complaint shall be submitted to an attorney for the Commonwealth, who shall approve or disapprove it without unreasonable delay.
(B) If the attorney for the Commonwealth:
(1) approves the complaint, the attorney shall indicate this decision on the complaint form and transmit it to the issuing authority;
(2) disapproves the complaint, the attorney shall state the reasons on the complaint form and return it to the affiant. Thereafter, the affiant may petition the court of common pleas for review of the decision.
For the contents of a private complaint, see Rule 504.
In all cases where the affiant is not a law enforcement officer, the complaint must be submitted for approval or disapproval by the attorney for the Commonwealth.
The district attorney may transmit the complaint to the issuing authority pursuant to paragraph (B)(1) by returning it to the affiant for delivery.
Official Note
Original Rule 105 adopted June 30, 1964, effective January 1, 1965; suspended January 31, 1970, effective May 1, 1970. New Rule 105 adopted January 31, 1970, effective May 1, 1970; renumbered Rule 133 and amended September 18, 1973, effective January 1, 1974; amended January 23, 1975, effective September 1, 1975; amended October 22, 1981, effective January 1, 1982; rescinded November 9, 1984, effective January 2, 1985. Present Rule 133 adopted November 9, 1984, effective January 2, 1985; renumbered Rule 106 and amended August 9, 1994, effective January 1, 1995; amended March 22, 1996, effective July 1, 1996; renumbered Rule 506 and amended March 1, 2000, effective April 1, 2001.
Committee Explanatory Reports :
Final Report explaining the August 9, 1994 amendments published with the Courts Order at 24 Pa.B. 4342 (August 27, 1994).
Final Report explaining the March 22, 1996 amendments published with the Courts Order at 26 Pa.B. 1690 (April 13, 1996).
Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Courts Order at 30 Pa.B. 1477 (March 18, 2000).
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