Rule 1002. Procedure in Summary Cases.

 (A)  Except as provided in this rule or by local rule authorized by this rule, or elsewhere in Chapter 10, all criminal proceedings in which a person is accused only of one or more non-traffic summary offenses or violations of municipal criminal ordinances shall proceed as provided in Chapter 4 of the Rules of Criminal Procedure.

 (B)  Non-traffic summary proceedings shall be instituted by a citation issued to the defendant:

   (1)  Except as provided in paragraph (B)(2), the law enforcement officer shall take the defendant into custody and transport him or her to the appropriate district police station, where without unnecessary delay the law enforcement officer or a superior officer shall prepare and issue to the defendant a citation and a notice to appear. The defendant shall not be slated, fingerprinted, or photographed, except as provided by law.

   (2)  When authorized by local rule promulgated pursuant to Rule 105 (Local Rules), in lieu of taking the defendant into custody as provided in paragraph (B)(1), the law enforcement officer may prepare, verify, and transmit a citation electronically. The law enforcement officer contemporaneously shall give the defendant a paper copy of the citation containing all the information required by Rule 403 (Contents of Citation) and a notice to appear.

   (3)  Except as provided in paragraph (B)(5), in all cases, the law enforcement officer shall release the defendant on the defendant’s own recognizance. The notice to appear shall direct the defendant to appear before a trial commissioner in a specified court room.

   (4)  Within 5 days after issuance of the citation and notice to appear, the citation shall be filed with the clerk of Municipal Court.

   (5)  When required by local rule promulgated pursuant to Rule 105 (Local Rules), rather than releasing the defendant pursuant to paragraph (B)(3), a law enforcement officer without unnecessary delay shall transport the defendant to the Municipal Court for proceedings before a Municipal Court judge.

 (C)  Procedures Following Institution of Summary Proceedings

   (1)  When the defendant is taken before a Municipal Court judge pursuant to paragraph (B)(5), the case shall proceed as provided by local rule promulgated pursuant to Rule 105 (Local Rules).

   (2)  When the defendant appears before a trial commissioner, the trial commissioner shall explain the process to the defendant.

     (a)   If the defendant enters a guilty plea, the trial commissioner shall impose the fines and costs.

     (b)   If the defendant requests a trial before a Municipal Court judge, the trial commissioner shall set a date for trial and issue a subpoena to the defendant.

     (c)   If applicable, after paying any fee imposed, the defendant may be accepted into the Municipal Court’s summary case diversionary program, or any other diversionary program offered pursuant to local rule promulgated pursuant to Rule 105 (Local Rules). When the defendant successfully completes the Municipal Court’s summary case diversionary program, the defendant’s arrest record automatically will be expunged.

 (D)  If the defendant fails to appear pursuant to the notice to appear or a subpoena, a bench warrant shall be issued.

 (E)  When the same conduct is proscribed under an Act of Assembly and a municipal criminal ordinance, the charge shall be brought under the Act of Assembly and not under the ordinance.

   This rule, which replaced former Rule 1002 in 2005, was developed to accommodate the procedures Philadelphia Municipal Court has implemented to address the issues in non-traffic summary cases unique to Philadelphia to more efficiently handle the vast number of non-traffic summary cases, to protect the defendants’ rights to a fair and prompt disposition of their cases, and, when appropriate, to provide the necessary rehabilitation or social services. Municipal Court is required to implement local rules pursuant to Rule 105 (Local Rules) enumerating the details of the summary proceedings following the issuance of a citation or a summons. For purposes of this rule, ‘‘local rule’’ includes all memoranda of understanding and administrative orders that affect non-traffic summary case procedures.

   Although defendants in summary cases ordinarily are not slated, photographed, or fingerprinted, the issuing authority should require the defendant to submit to administrative processing and identification procedures (such as fingerprinting) as authorized by law. See, e.g., 18 Pa.C.S. §  3929(g) concerning fingerprinting in retail theft cases.

   The contents of the citation must comply with the requirements of Rule 403.

   All summary offenses under the motor vehicle laws and parking violations are under the jurisdiction of the Philadelphia Traffic Court. See 42 Pa.C.S. § §  1301—1303, 1321.

   Official Note

   Rule 6002 adopted June 28, 1974, effective July 1, 1974; amended July 1, 1980, effective August 1, 1980; Comment revised January 28, 1983, effective July 1, 1983; amended July 12, 1985, effective January 1, 1986; January 1, 1986 effective date extended to July 1, 1986; amended February 1, 1989, effective July 1, 1989; amended August 9, 1994, effective January 1, 1995; renumbered Rule 1002 and amended March 1, 2000, effective April 1, 2001. Rule 1002 rescinded August 15, 2005, effective February 1, 2006, and replaced by new Rule 1002.

   Committee Explanatory Reports:

   Report explaining the August 9, 1994 amendments published at 22 Pa.B. 6 (January 4, 1992); Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994).

   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 provisions of the new rule published with the Court’s Order at 35 Pa.B. 4918 (September 3, 2005).

   The provisions of this Rule 1002 adopted August 15, 2005, effective February 1, 2006, 35 Pa.B. 4914