CHAPTER 11. ABOLITIONS AND SUSPENSIONS

Rule 1100. Abolition of Practice and Procedure Under Repealed Statutes.

 The practice and procedure provided in all former statutes governing criminal procedure within the scope of these rules, which have been repealed by the Judiciary Act Repealer Act, and which are now part of the common law of this Commonwealth by virtue of Section 3(b) of the Act, 42 P. S. §  20003(b), are hereby abolished and shall not continue as part of the common law of this Commonwealth.

   This rule is comparable to Pa.R.C.P. 2100(b) and Pa.R.A.P. 5101(f), and is intended to prevent any statutory criminal procedures repealed by the Judiciary Act Repealer Act and not replaced by the Rules of Criminal Procedure from prevailing over the provisions of the rules.

   Official Note

   Rule 9998 adopted January 28, 1983, effective July 1, 1983; renumbered Rule 1100 and amended March 1, 2000, effective April 1, 2001.

   Committee Explanatory Reports:

 This rule provides for the suspension of the following Acts of Assembly:

   (1)  The Act of June 15, 1994, P. L. 273, No. 45, §  1, 42 Pa.C.S. § §  7, 4138, and 4139, which provides, inter alia, that any punishment imposed for contempt will be ‘‘automatically stayed for a period of 10 days from the date of the imposition of the punishment during which time an appeal of the action’’ of a district justice, a Pittsburgh Magistrates Court judge, or a Philadelphia Traffic Court judge ‘‘may be filed with the court of common pleas of the judicial district,’’ and which is implemented by Rules 140, 141, and 142, is suspended only insofar as the Act is inconsistent with the 30-day appeal period and 30-day automatic stay period set forth in Rule 141.

   (2)  The Act of April 29, 1959, P. L. 58, §  1209, 75 P. S. §  1209, repealed by Act of June 17, 1976, P. L. 162, No. 81, §  7 and replaced by Sections 6322, 6323, 6324, and 6325 of the Vehicle Code (75 Pa.C.S. § §  6322—6325), are suspended insofar as these sections are inconsistent with Rule 470.

   (3)  The Act of July 1, 1987, P. L. 180, No. 21, §  2, 42 Pa.C.S. §  1520, is suspended insofar as the Act is inconsistent with Rules 300, 301, 302, and Rules 310 through 320.

   (4)  The Public Defender Act, Act of December 2, 1968, P. L. 1144, No. 358, §  1 et seq. as amended through Act of December 10, 1974, P. L. 830, No. 277, §  1, 16 P. S. §  9960.1 et seq., is suspended only insofar as the Act is inconsistent with Rule 122.

   (5)  Section 5720 of the Wiretapping and Electronic Surveillance Control Act, Act of October 4, 1978, P. L. 831, No. 164, 18 Pa.C.S. §  5720, is suspended as inconsistent with Rule 573 only insofar as the section may delay disclosure to a defendant seeking discovery under Rule 573(B)(1)(g); and Section 5721(b) of the Act, 18 Pa.C.S. §  5721(b), is suspended only insofar as the time frame for making a motion to suppress is concerned, as inconsistent with Rules 579 and 581.

   (6)  Sections 9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 of the Sentencing Code, 42 Pa.C.S. § §  9731, 9732, 9733, 9734, 9735, 9736, 9751, 9752, and 9759 are suspended as being inconsistent with the rules of Chapter 7.

   (7)  The Act of November 21, 1990, P. L. 588, No. 138, §  1, 42 Pa.C.S. §  8934, which authorizes the sealing of search warrant affidavits, and which is implemented by Rule 211, is suspended only insofar as the Act is inconsistent with Rules 205, 206, and 211.

   This rule is derived from former Rules 39, 159, 340, 1415, and 2020, the rules previously providing for the suspension of legislation.

   Official Note

   Former Rule 39 adopted October 1, 1997, effective October 1, 1998; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. Former Rule 159 adopted September 18, 1973, effective January 1, 1974; amended January 28, 1983, effective July 1, 1983; amended February 1, 1989, effective July 1, 1989; amended April 10, 1989, effective July 1, 1989; amended January 31, 1991, effective July 1, 1991; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. Former Rule 340 combined previous Rules 321 and 322, which were the prior suspension rules, and was adopted June 29, 1977, effective September 1, 1977; amended April 24, 1981, effective June 1, 1981; amended January 28, 1983, effective July 1, 1983; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. Former Rule 1415 adopted July 23, 1973, effective 90 days hence; paragraph (g) added March 21, 1975, effective March 31, 1975; amended August 14, 1995, effective January 1, 1996; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. Former Rule 2020 adopted September 3, 1993, effective January 1, 1994; rescinded March 1, 2000, effective April 1, 2001, and replaced by Rule 1101. New Rule 1101 adopted March 1, 2000, effective April 1, 2001.

   Committee Explanatory Reports:

   FORMER RULE 39: Final Report explaining the provisions of new Rule 39 published with the Court’s Order at 27 Pa.B. 5401 (October 18, 1997).

   FORMER RULE 159:

   Report explaining the January 31, 1991 amendments to former Rule 159 published at 20 Pa.B. 4788 (September 15, 1990); Supplemental Report published at 21 Pa.B. 621 (February 16, 1991).

   FORMER RULE 1415:

   Final Report explaining the August 14, 1995 amendments to former Rule 1415 published with the Court’s Order at 25 Pa.B. 3472 (August 26, 1995).

   FORMER RULE 2020:

   Report explaining the provisions of former Rule 2020 published at 21 Pa.B. 3681 (August 17, 1991).

   NEW RULE 1101:

   Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 1101 published at 30 Pa.B. 1477 (March 18, 2000).