Rule 804. Procedure When Jury Trial is Waived.

 (A)  When a defendant charged with murder waives a jury trial, the trial judge shall alone hear the evidence, determine all questions of law and fact, and render a verdict which shall have the same force and effect as a verdict of a jury.

 (B)  If the crime is determined to be murder of the first degree the sentencing proceeding shall be conducted as provided by law.

   For the procedure for waiver of jury trial, see Rules 620 and 621. For the sentencing procedure if the crime is determined to be murder of the first degree, see Sentencing Code, 42 Pa.C.S. §  9711(b).

   Official Note

   Original Rule 353 adopted September 22, 1976, effective March 1, 1977, effective date extended to April 1, 1977; amended May 26, 1977, effective July 1, 1977; rescinded April 2, 1978, effective immediately. Former Rule 353 adopted July 1, 1985, effective August 1, 1985, renumbered Rule 354 February 1, 1989, effective July 1, 1989; renumbered Rule 803 and amended March 1, 2000, effective April 1, 2001; renumbered Rule 804 June 4, 2004, effective November 1, 2004.

   Committee Explanatory Reports:

   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).

   The provisions of this Rule 804 amended June 4, 2004, effective November 1, 2004, 34 Pa.B. 3105. Immediately preceeding text appears at serial page (289115).