Rule 461. Stays.

 (A)  In all summary cases in which a sentence of imprisonment has been imposed, execution of sentence shall be stayed until the time for appeal expires.

 (B)  In any summary case in which a notice of appeal is filed, the execution of sentence shall be stayed.

 (C)  A defendant who is represented by counsel, or a defendant who has waived counsel as provided in Rule 121, may waive the stay. The waiver must be in writing, signed by the defendant and defendant’s counsel, if any, and made a part of the record.

 (D)  Whenever the execution of sentence is stayed pursuant to this rule, the issuing authority may set collateral.

 (E)  During the 30-day appeal period, failure to pay fines and costs, or restitution, shall not be grounds for imprisonment, and shall not be grounds to preclude the taking of an appeal.

   This rule is derived from former Rule 86(B) and (C).

   The stay of the sentence of imprisonment in summary cases recognizes the limited length of the terms of imprisonment. However, there may be situations when the defendant would want the sentence to begin to run immediately following the conviction, and forego the benefits of the stay. To accommodate these extraordinary cases, this rule was amended in 2003 to permit a defendant who is represented by counsel, or who has waived counsel, to waive the stay of the execution of sentence. The waiver of the stay in no way is to be construed as a waiver of the right to appeal.

   When a defendant has waived the stay of execution of sentence under this rule, the issuing authority has discretion to determine the date to set for the beginning of the sentence of imprisonment.

   Under paragraph (B), the stay applies to all ‘‘sentences’’ imposed after conviction, including sentences of imprisonment, fines and costs, or restitution, and sentences of imprisonment for defaults in payment pursuant to Rule 456.

   Official Note

   Formerly Rule 86(B) and (C), adopted October 1, 1997, effective October 1, 1998; rescinded March 1, 2000, effective April 1, 2001, and paragraphs (B) and (C) replaced by Rule 461. New Rule 461 adopted March 1, 2000, effective April 1, 2001; amended February 28, 2003, effective July 1, 2003.

   Committee Explanatory Reports:

   FORMER RULE 86(B) AND (C):

   Final Report explaining the October 1, 1997 addition of paragraphs (B) and (C) to Rule 86 published with the Court’s Order at 27 Pa.B. 5408 (October 18, 1997).

   NEW RULE 461:

   Final Report explaining the reorganization and renumbering of the rules and the provisions of Rule 461 published at 30 Pa.B. 1478 (March 18, 2000).

   Final Report explaining the February 28, 2003 amendment concerning the addition of paragraph (C) published with the Court’s Order at 33 Pa.B. 1326 (March 15, 2003).

   The provisions of this Rule 461 amended February 28, 2003, effective July 1, 2003, 33 Pa.B. 1324. Immediately preceding text appears at serial pages (264209) to (264212).