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Rule 1101 – Suspension of Acts of Assembly

May 14, 2021 | Criminal Procedure, Pennsylvania

This rule provides for the suspension of the following Acts of Assembly:

(1) The Act of June 15, 1994, P. L. 273, No. 45, § 1, 42 Pa.C.S. § § 7, 4138, and 4139, which provides, inter alia, that any punishment imposed for contempt will be “automatically stayed for a period of 10 days from the date of the imposition of the punishment during which time an appeal of the action” of a district justice, a Pittsburgh Magistrates Court judge, or a Philadelphia Traffic Court judge “may be filed with the court of common pleas of the judicial district,” and which is implemented by Rules 140, 141, and 142, is suspended only insofar as the Act is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141.
(2) The Act of April 29, 1959, P. L. 58, § 1209, 75 P. S. § 1209, repealed by Act of June 17, 1976, P. L. 162, No. 81, § 7 and replaced by Sections 6322, 6323, 6324, and 6325 of the Vehicle Code (75 Pa.C.S. § § 6322-6325), are suspended insofar as these sections are inconsistent with Rule 470.
(3) The Act of July 1, 1987, P. L. 180, No. 21, § 2, 42 Pa.C.S. § 1520, is suspended insofar as the Act is inconsistent with Rules 300, 301, 302, and Rules 310 through 320.
(4) The Public Defender Act, Act of December 2, 1968, P. L. 1144, No. 358, § 1 et seq. as amended through Act of December 10, 1974, P. L. 830, No. 277, § 1, 16 P. S. § 9960.1 et seq., is suspended only insofar as the Act is inconsistent with Rule 122.
(5) Section 5720 of the Wiretapping and Electronic Surveillance Control Act, Act of October 4, 1978, P. L. 831, No. 164, 18 Pa.C.S. § 5720, is suspended as inconsistent with Rule 573 only insofar as the section may delay disclosure to a defendant seeking discovery under Rule 573(B)(1)(g); and Section 5721(b) of the Act, 18 Pa.C.S. § 5721(b), is suspended only insofar as the time frame for making a motion to suppress is concerned, as inconsistent with Rules 579 and 581.
(6) Sections 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 of the Sentencing Code, 42 Pa.C.S. § § 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 are suspended as being inconsistent with the rules of Chapter 7.
(7) The Act of November 21, 1990, P. L. 588, No. 138, § 1, 42 Pa.C.S. § 8934, which authorizes the sealing of search warrant affidavits, and which is implemented by Rule 211, is suspended only insofar as the Act is inconsistent with Rules 205, 206, and 211.

234 Pa. Code § 1101

Committee Explanatory Reports:

FORMER RULE 39: Final Report explaining the provisions of new Rule 39 published with the Court’s Order at 27 Pa.B. 5401 (October 18, 1997) .

FORMER RULE 159:

Report explaining the January 31, 1991 amendments to former Rule 159 published at 20 Pa.B. 4788 (September 15, 1990) ; Supplemental Report published at 21 Pa.B. 621 (February 16, 1991) .

FORMER RULE 1415:

Final Report explaining the August 14, 1995 amendments to former Rule 1415 published with the Court’s Order at 25 Pa.B. 3472 (August 26, 1995) .

FORMER RULE 2020:

Report explaining the provisions of former Rule 2020 published at 21 Pa.B. 3681 (August 17, 1991) .

NEW RULE 1101:

Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 1101 published at 30 Pa.B. 1477 (March 18, 2000) .