PRINTER'S NO. 3760
No. 295 Session of 1976
INTRODUCED BY REED, ZELLER, DREIBELBIS AND CIMINI,
SEPTEMBER 21, 1976
REFERRED TO COMMITTEE ON RULES, SEPTEMBER 22, 1976
In the House of Representatives, September 21, 1976
1 WHEREAS, The waiver of a jury trial in criminal cases has
2 been traditionally conditioned upon the consent of the attorney
3 for the Commonwealth and the approval of the court pursuant to
4 Rule 1101 of the Pennsylvania Rules of Criminal Procedure; and
5 WHEREAS, Rule 1101 was amended March 29, 1973, to delete the
6 requirement of the approval of the attorney for the Commonwealth
7 prior to the waiver of a jury trial; and
8 WHEREAS, The weight of authority in the Federal system and in
9 other State jurisdictions accords to the prosecution the right
10 to oppose the waiver of a jury trial; and
11 WHEREAS, The District Attorneys of Pennsylvania and some
12 defense counsel have indicated their concern over this change;
13 therefore be it
14 RESOLVED, That the House of Representatives of the
15 Commonwealth of Pennsylvania urges the Supreme Court of
16 Pennsylvania to amend Rule 1101 of the Pennsylvania Rules of
17 Criminal Procedure to require the consent of the attorney for
1 the Commonwealth as well as the consent of the defendant and of
2 the court before a trial by jury in criminal cases could be
3 waived; and be it further
4 RESOLVED, That a copy of this resolution be transmitted to
5 the Supreme Court of Pennsylvania.
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