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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY KORTZ, BURNS, CALTAGIRONE, CONKLIN, DeLUCA, FABRIZIO, GEIST, HALUSKA, HARKINS, LONGIETTI, MATZIE, PETRARCA AND SWANGER, JUNE 24, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 24, 2011 |
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| A RESOLUTION |
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1 | Memorializing the Supreme Court of Pennsylvania to adopt Rules |
2 | of Criminal Procedure 113, 513 and 513.1 and their comments. |
3 | WHEREAS, A bedrock of the judicial system of this nation is |
4 | that we live in an open and free society; and |
5 | WHEREAS, An important part of that philosophy has been and |
6 | continues to be open courts with open and public records and |
7 | documents; and |
8 | WHEREAS, In criminal cases, such openness of arrest and |
9 | search warrants and supporting affidavits can sometimes |
10 | compromise ongoing investigations and persons conducting or |
11 | assisting in such investigations; and |
12 | WHEREAS, The Pennsylvania Rules of Criminal Procedure exist |
13 | to strike a proper balance between the public's right to know |
14 | and legitimate law enforcement needs and requirements; and |
15 | WHEREAS, While rules already exist which strike this balance |
16 | as to search warrants and information, there are proposed rules |
17 | awaiting approval and promulgation by the Supreme Court of |
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1 | Pennsylvania which address these issues relating to arrest |
2 | warrants; and |
3 | WHEREAS, The proposed rules balance the public's right to |
4 | know with legitimate law enforcement needs and requirements; and |
5 | WHEREAS, Section 10(c) of Article V of the Constitution of |
6 | Pennsylvania affords the Supreme Court of Pennsylvania primacy |
7 | in its procedural rulemaking authority; and |
8 | WHEREAS, Although the General Assembly has proposed |
9 | legislation on this topic, it is ever mindful of this separation |
10 | of powers; therefore be it |
11 | RESOLVED, That the House of Representatives memorialize the |
12 | Supreme Court of Pennsylvania to approve and adopt Rules of |
13 | Criminal Procedure 113, 513 and 513.1 and the official comments |
14 | thereto at its earliest convenience. |
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