THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY KORTZ, BURNS, CALTAGIRONE, CONKLIN, DeLUCA, FABRIZIO, GEIST, HALUSKA, HARKINS, LONGIETTI, MATZIE, PETRARCA AND SWANGER, JUNE 24, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 24, 2011  

A RESOLUTION

Memorializing the Supreme Court of Pennsylvania to adopt Rules

of Criminal Procedure 113, 513 and 513.1 and their comments.

WHEREAS, A bedrock of the judicial system of this nation is

that we live in an open and free society; and

WHEREAS, An important part of that philosophy has been and

continues to be open courts with open and public records and

documents; and

WHEREAS, In criminal cases, such openness of arrest and

search warrants and supporting affidavits can sometimes

compromise ongoing investigations and persons conducting or

assisting in such investigations; and

WHEREAS, The Pennsylvania Rules of Criminal Procedure exist

to strike a proper balance between the public's right to know

and legitimate law enforcement needs and requirements; and

WHEREAS, While rules already exist which strike this balance

as to search warrants and information, there are proposed rules

awaiting approval and promulgation by the Supreme Court of

Pennsylvania which address these issues relating to arrest

warrants; and

WHEREAS, The proposed rules balance the public's right to

know with legitimate law enforcement needs and requirements; and

WHEREAS, Section 10(c) of Article V of the Constitution of

Pennsylvania affords the Supreme Court of Pennsylvania primacy

in its procedural rulemaking authority; and

WHEREAS, Although the General Assembly has proposed

legislation on this topic, it is ever mindful of this separation

of powers; therefore be it

RESOLVED, That the House of Representatives memorialize the

Supreme Court of Pennsylvania to approve and adopt Rules of

Criminal Procedure 113, 513 and 513.1 and the official comments

thereto at its earliest convenience.