In Re: Order Amending Rules 531 and 536 of the Pennsylvania Rules of Criminal Procedure

Summary

This final report explains the Pennsylvania Supreme Court’s amendments to Pennsylvania Rules of Criminal Procedure 531 and 536 concerning bail forfeitures. It discusses the amendments’ relationship to Act 16 of 2015, 42 Pa.C.S. § 5747.1, and Commonwealth v. Hann, including notice procedures, response periods, surety liability, and exoneration or remittance of forfeited bail. The amendments were adopted on May 2, 2017, and became effective July 1, 2017.

Holdings

1. The Court amended Rules 531 and 536, effective July 1, 2017, to reconcile the bail-forfeiture rules with Act 16 of 2015 and 42 Pa.C.S. § 5747.1. The amendments retain separate revocation and forfeiture notices, permit simultaneous service, extend the response period for a forfeiture notice to 90 days, incorporate the statutory limitation on forfeiture by third-party sureties, and revise exoneration and remittance provisions to operate as provided by law or as justice requires.

Questions Presented

1. How should Rules 531 and 536 be amended to reconcile Pennsylvania's bail-forfeiture rules with Act 16 of 2015 and 42 Pa.C.S. § 5747.1?
2. Which aspects of bail forfeiture are procedural matters within the Supreme Court's rulemaking authority and which are substantive matters within the Legislature's authority?
3. What notice, response-period, forfeiture-ground, service, exoneration, and remittance provisions should govern bail forfeiture under the amended rules?

Disposition

other