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Rule 430 – Issuance of Warrant

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) ARREST WARRANTS INITIATING PROCEEDINGS

A warrant for the arrest of the defendant shall be issued when:

(1) the citation or summons is returned undelivered; or
(2) the issuing authority has reasonable grounds to believe that the defendant will not obey a summons.
(B) BENCH WARRANTS

(1) A bench warrant shall be issued when:

(a) the defendant fails to respond to a citation or summons that was served upon the defendant personally or by certified mail return receipt requested; or
(b) the defendant has failed to appear for the execution of sentence as required in Rule 454(F)(3).
(2) A bench warrant may be issued when a defendant has entered a not guilty plea and fails to appear for the summary trial, if the issuing authority determines, pursuant to Rule 455(A), that the trial should not be conducted in the defendant’s absence.
(3) A bench warrant may be issued when:

(a) the defendant has entered a guilty plea by mail and the money forwarded with the plea is less than the amount of the fine and costs specified in the citation or summons; or
(b) the defendant has been sentenced to pay restitution, a fine, or costs and has defaulted on the payment; or
(c) the issuing authority has, in the defendant’s absence, tried and sentenced the defendant to pay restitution, and/or to pay a fine and costs and the collateral deposited by the defendant is less than the amount of the fine and costs imposed.
(4) No warrant shall issue under paragraph (B)(3) unless the defendant has been given notice in person or by first class mail that failure to pay the amount due or to appear for a hearing may result in the issuance of a bench warrant, and the defendant has not responded to this notice within 10 days. Notice by first class mail shall be considered complete upon mailing to the defendant’s last known address.

234 Pa. Code ยง 430

Amended by Pennsylvania Bulletin, Vol 49, No. 2. January 12, 2019, effective 1/12/2019

Committee Explanatory Reports:

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

Final Report explaining the April 18, 1997 amendments concerning arrest warrants when defendant fails to appear for trial published with the Court’s Order at 27 Pa.B. 2117 (May 3, 1997) .

Final Report explaining the October 1, 1997 amendments in paragraph (3) and the provisions of new paragraph (4) published with the Court’s Order at 27 Pa.B. 5414 (October 18, 1997) .

Final Report explaining the July 2, 1999 amendments to paragraph (3) (c) and the Comment concerning restitution published with the Court’s Order at 29 Pa.B. 3718 (July 17, 1999) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the February 28, 2003 amendments adding paragraph (A) (1) (d) published with the Court’s Order at 33 Pa.B. 1326 (March 15, 2003) .

Final Report explaining the August 7, 2003 new Comment language concerning failure to pay fines and costs by juveniles published with the Court’s Order at 33 Pa.B. 4293 (August 30, 2003) .

Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Prodedural Rules published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005) .

Final Report explaining the June 30, 2005 changes distinguishing between warrants that initiate proceedings and bench warrants in summary cases published with the Court’s Order at 35 Pa.B. 3911 (July 16, 2005) .

Final Report explaining the change to the Rule 454 reference in paragraph (B) (1) (b) with the Court’s Order at 37 Pa.B. 760 (February 17, 2007) .

Final Report explaining the September 18, 2008 revision of the Comment concerning the United States Postal Service’s return receipt electronic option published with the Court’s Order at 38 Pa.B. 5428 (October 4, 2008) .

Final Report explaining the January 17, 2013 revision of the Comment concerning the Public School Code of 1949 published with the Court’s Order at 43 Pa.B. 656 (February 2, 2013) .