Rule 800. Applicability of Subchapter.

 The rules of this chapter shall apply to the guilt and penalty determination phases of all cases in which the imposition of a sentence of death is authorized by law.

   The 1990 amendment to this rule makes it clear that Chapter 8 applies to both the guilt determination and sentencing phases of cases in which the death penalty is authorized.

   Except as provided in this chapter, trial and retrial procedures in death penalty cases are governed by the Rules of Criminal Procedure generally.

   For sentencing generally in death penalty cases, see the Sentencing Code, 42 Pa.C.S. §  9711.

   The sentencing procedures in this chapter and in the Sentencing Code also apply when the trial court orders a new sentencing proceeding, or when the Supreme Court vacates a sentence of death and remands a case for redetermination of sentence pursuant to 42 Pa.C.S. §  9711(h)(4).

   When a jury is empaneled for the first time for sentencing, or for resentencing, the jury trial rules (Chapter 600) apply. See, for example, Rule 631 (Examination and Challenges of Trial Jurors).

   This chapter does not provide procedures for those cases in which the Supreme Court vacates a sentence of death and remands the case to the trial court for the imposition of a life imprisonment sentence. See 42 Pa.C.S. §  9711(h)(4).

   For post-verdict procedures in cases in which a sentence of death is authorized by law, see Rule 809.

   Official Note

   Previous Rule 351 adopted September 22, 1976, effective November 1, 1976; rescinded April 2, 1978, effective immediately. Present Rule 351 adopted July 1, 1985, effective August 1, 1985; Comment revised February 1, 1989, effective July 1, 1989; amended October 29, 1990, effective January 1, 1991; renumbered Rule 800 and amended March 1, 2000, effective April 1, 2001.

   Committee Explanatory Reports:

   Report explaining the October 29, 1990 amendments published at 20 Pa.B. 5736 (November 17, 1990).

   Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000).