Rule 646. Material Permitted in Possession of the Jury.

 (A)  Upon retiring, the jury may take with it such exhibits as the trial judge deems proper, except as provided in paragraph (B).

 (B)  During deliberations, the jury shall not be permitted to have:

   (1)  a transcript of any trial testimony;

   (2)  a copy of any written or otherwise recorded confession by the defendant;

   (3)  a copy of the information;

   (4)  written jury instructions.

 (C)  The jurors shall be permitted to have their notes for use during deliberations.

   This rule prohibits the jury from receiving a copy of the indictment or information during its deliberations. The rule also prohibits the jury from taking into the jury room any written or otherwise recorded confession of the defendant. In Commonwealth v. Pitts, 450 Pa. 359, 301 A.2d 646, 650 n. 1 (1973), the Court noted that ‘‘it would be a better procedure not to allow exhibits into the jury room which would require expert interpretation.’’

   The 1999 amendment to paragraph (B) makes it clear that the trial court is prohibited from sending written jury instructions with a jury for use during deliberations. See Commonwealth v. Karaffa, 551 Pa. 173, 709 A.2d 887 (1998), in which the Court held it was reversible error to submit written jury instructions to the jury.

   The 1996 amendment adding ‘‘or otherwise recorded’’ in paragraph (B)(2) is not intended to enlarge or modify what constitutes a confession under this rule. Rather, the amendment is only intended to recognize that a confession can be recorded in a variety of ways. See Commonwealth v. Foster, 425 Pa. Super. 61, 624 A.2d 144 (1993).

   Nothing in this rule is intended to preclude jurors from taking notes during testimony related to a defendant’s confession and such notes may be in the juror’s possession during deliberations.

   Paragraph (C) was added in 2005 to make it clear that the notes the jurors take pursuant to Rule 644 may be used during deliberations.

   Although most references to indictments and indicting grand juries were deleted from these rules in 1993 because the indicting grand jury was abolished in all counties, see PA. CONST. art. I, §  10 and 42 Pa.C.S. §  8931(b), the reference was retained in this rule because there may be some cases still pending that were instituted prior to the abolition of the indicting grand jury.

   Official Note

   Rule 1114 adopted January 24, 1968, effective August 1, 1968; amended June 28, 1974, effective September 1, 1974; Comment revised August 12, 1993, effective September 1, 1993; amended January 16, 1996, effective July 1, 1996; amended November 18, 1999, effective January 1, 2000; renumbered Rule 646 March 1, 2000, effective April 1, 2001; amended June 30, 2005, effective August 1, 2005; amended August 7, 2008, effective immediately.

   Committee Explanatory Reports:

   Report explaining the August 12, 1993 Comment revision published at 22 Pa.B. 3826 (July 25, 1992).

   Final Report explaining the January 16, 1996 amendments published with the Court’s Order at 26 Pa.B. 439 (February 3, 1996).

   Final Report explaining the changes to paragraph (B) and the Comment prohibiting written jury instructions going to the jury published with the Court’s Order at 29 Pa.B. 6102 (December 4, 1999).

   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 June 30, 2005 amendment concerning jurors’ notes published with the Court’s Order at 35 Pa.B. 3917 (July 16, 2005).

   Final Report explaining the August 7, 2008 revision to the Comment concerning jurors’ notes related to a defendant’s confession published with the Court’s Order at 38 Pa.B. 4606 (August 23, 2008).

   The provisions of this Rule 646 amended June 30, 2005, effective August 1, 2005, 35 Pa.B. 3917; amended August 7, 2008, effective immediately, 38 Pa.B. 4606. Immediately preceding text appears at serial pages (335959) to (335960).