1

RULE 431. PROCEDURE WHEN DEFENDANT ARRESTED WITH WARRANT.

(A) When a warrant is issued pursuant to Rule 430 in a summary case, the warrant 

shall be executed by a police officer as defined in Rule 103.

(1) If the warrant is executed between the hours of 6 a.m. and 10 p.m., the 

police officer shall proceed as provided in paragraphs (B) or (C).

(2) If the warrant is executed outside the hours of 6 a.m. and 10 p.m., unless the 

time period is extended by the president judge by local rule enacted pursuant to 

Rule 105, the police officer shall call the proper issuing authority to determine 

when the issuing authority will be available pursuant to Rule 117.

(B) Arrest Warrants Initiating Proceedings

(1) When an arrest warrant is executed, the police officer shall either:

(a) accept from the defendant a signed guilty plea and the full amount of 

the fine and costs if stated on the warrant; 

(b) accept from the defendant a signed not guilty plea and the full amount 

of collateral if stated on the warrant; or

(c) if the defendant is unable to pay, cause the defendant to be taken 

without unnecessary delay before the proper issuing authority.

(2) When the police officer accepts fine and costs, or collateral under 

paragraphs (B)(1)(a) or (b), the officer shall issue a receipt to the defendant 

setting forth the amount of fine and costs, or collateral received and return a 

copy of the receipt, signed by the defendant and the police officer, to the proper 

issuing authority.

(3) When the defendant is taken before the issuing authority under paragraph 

(B)(1)(c), 

(a) the defendant shall enter a plea; and

(b) if the defendant pleads guilty, the issuing authority shall impose 

sentence. If the defendant pleads not guilty, the defendant shall be given 

an immediate trial unless:

(i) the Commonwealth is not ready to proceed, or the defendant 

requests a postponement or is not capable of proceeding, 

and in any of these circumstances, [the defendant shall be 

given the opportunity to deposit collateral for 
2

appearance on the new date and hour fixed for trial] the 

issuing authority shall release the defendant on 

recognizance unless the issuing authority has 

reasonable grounds to believe that the defendant will not 

appear, in which case, the issuing authority may fix the 

amount of collateral to be deposited to ensure the 

defendant's appearance on the new date and hour fixed 

for trial; or

(ii) the defendant's criminal record must be ascertained prior to 

trial as specifically required by statute for purposes of grading 

the offense charged, in which event [the defendant shall be 

given the opportunity to deposit collateral for 

appearance on the new date and hour fixed for trial] the 

issuing authority shall release the defendant on 

recognizance unless the issuing authority has 

reasonable grounds to believe that the defendant will not 

appear, in which case, the issuing authority may fix the 

amount of collateral to be deposited to ensure the 

defendant's appearance on the new date and hour fixed 

for trial, which shall be after the issuing authority's receipt of 

the required information.

(iii) In determining whether it is necessary to set collateral 

and what amount of collateral should be set, the issuing 

authority shall consider the factors listed in Rule 523. 

The amount of collateral shall not exceed the full amount 

of the fine and costs. 

(iv) If collateral has been set, the issuing authority shall state 

in writing the reason(s) why any collateral other than 

release on recognizance has been set and the facts that 

support a determination that the defendant has the 

ability to pay monetary collateral.

(v) If collateral is set and the defendant does not post 

collateral, the defendant shall not be detained without a 

trial longer than 72 hours or the close of the next 

business day if the 72 hours expires on a non-business 

day. 

(c) If the defendant is under 18 years of age and cannot be given an 

immediate trial, the issuing authority promptly shall notify the defendant 

and defendant's parents, guardian, or other custodian of the date set for 
3

the summary trial, and shall release the defendant on his or her own 

recognizance.

(C) Bench Warrants

(1) When a bench warrant is executed, the police officer shall either:

(a) accept from the defendant a signed guilty plea and the full amount of 

the fine and costs if stated on the warrant; 

(b) accept from the defendant a signed not guilty plea and the full amount 

of collateral if stated on the warrant; 

(c) accept from the defendant the amount of restitution, fine, and costs 

due as specified in the warrant if the warrant is for collection of restitution, 

fine, and costs after a guilty plea or conviction; or

(d) if the defendant is unable to pay, promptly take the defendant for a 

hearing on the bench warrant as provided in paragraph (C)(3).

(2) When the defendant pays the restitution, fine, and costs, or collateral 

pursuant to paragraph (C)(1), the police officer shall issue a receipt to the 

defendant setting forth the amount of restitution, fine, and costs received and 

return a copy of the receipt, signed by the defendant and the police officer, to the 

proper issuing authority.

(3) When the defendant does not pay the restitution, fine, and costs, or 

collateral, the defendant promptly shall be taken before the proper issuing 

authority when available pursuant to Rule 117 for a bench warrant hearing. The 

bench warrant hearing may be conducted using two-way simultaneous audiovisual communication.

COMMENT: For the procedure in court cases following 

arrest with a warrant initiating proceedings, see Rules 516, 

517, and 518. See also the Comment to Rule 706 (Fines or 

Costs) that recognizes the authority of a common pleas court 

judge to issue a bench warrant for the collection of fines and 

costs and provides for the execution of the bench warrant as 

provided in either paragraphs (C)(1)(c) or (C)(1)(d) and 

(C)(2) of this rule.

Section 8953 of the Judicial Code, 42 Pa.C.S. § 8953, 

provides for the execution of warrants of arrest beyond the 
4

territorial limits of the police officer's primary jurisdiction. 

See also Commonwealth v. Mason, [507 Pa. 396,] 490 A.2d 

421 (Pa. 1985).

Nothing in paragraph (A) is intended to preclude the issuing 

authority when issuing a warrant pursuant to Rule 430 from 

authorizing in writing on the warrant that the police officer 

may execute the warrant at any time and bring the defendant 

before that issuing authority for a hearing under these rules.

For what constitutes a "proper" issuing authority, see Rule 

130.

Delay of trial under paragraph (B)(3)(b)(ii) is required by 

statutes such as 18 Pa.C.S. § 3929 (pretrial fingerprinting 

and record-ascertainment requirements). 

Although the defendant's trial may be delayed under this

rule, the requirement that an arrested defendant be taken 

without unnecessary delay before the proper issuing 

authority remains unaffected.

When the police must detain a defendant pursuant to this 

rule, [61 P.S. § 798] 61 P.S. § 1154 provides that the 

defendant may be housed for a period not to exceed 48 

hours in “the borough and township lockups and [city or 

county prisons] county correctional institutions.”

In cases in which a defendant who is under 18 years of age 

has failed to "comply with a lawful sentence" imposed by the 

issuing authority, the Juvenile Act requires the issuing 

authority to certify notice of the failure to comply to the court 

of common pleas. See the definition of "delinquent act," 

paragraph (2)(iv), in 42 Pa.C.S. § 6302. Following the 

certification, the case is to proceed pursuant to the Rules of 

Juvenile Court Procedure and the Juvenile Act instead of 

these rules.

If the defendant is 18 years of age or older when the default 

in payment occurs, the issuing authority must proceed under 

these rules.

For the procedures required before a bench warrant may 

issue for a defendant's failure to pay restitution, a fine, or 

costs, see Rule 430(B)(4). When contempt proceedings are 
5

also involved, see Chapter 1 Part D for the issuance of 

arrest warrants.

For the procedures when a bench warrant is issued in court 

cases, see Rule 150.

Concerning an issuing authority’s availability, see Rule 117 

(Coverage: Issuing Warrants; Preliminary Arraignments and 

Summary Trials; and Setting and Accepting Bail). Pursuant 

to Rule 117(B), when establishing the system of coverage 

best suited for the judicial district, the president judge may 

require defendants arrested on summary case bench 

warrants after hours to be taken to the established night 

court where the defendant would be given a notice to appear 

in the proper issuing authority’s office the next business day 

or be permitted to pay the full amount of fines and costs.

Concerning the [defendant's right to counsel and]

appearance or waiver of counsel, see Rules 121 and 122.

For the procedures in summary cases within the jurisdiction 

of the Philadelphia Municipal Court and the Philadelphia 

Municipal Court Traffic Division, see Chapter 10.

NOTE: Rule 76 adopted July 12, 1985, effective January 1, 

1986; Comment revised September 23, 1985, effective 

January 1, 1986; January 1, 1986 effective dates extended 

to July 1, 1986; Comment revised January 31, 1991, 

effective July 1, 1991; amended August 9, 1994, effective 

January 1, 1995; amended October 1, 1997, effective 

October 1, 1998; amended July 2, 1999, effective August 1, 

1999; renumbered Rule 431 and amended March 1, 2000, 

effective April 1, 2001; amended August 7, 2003, effective 

July 1, 2004; Comment revised April 1, 2005, effective 

October 1, 2005; amended June 30, 2005, effective August 

1, 2006; Comment revised March 9, 2006, effective August 

1, 2006; Comment revised May 7, 2014, effective 

immediately [.] ; amended April 10, 2015, effective July

10, 2015.
6

* * * * * *

COMMITTEE EXPLANATORY REPORTS:

Report explaining the January 31, 1991 revision published at 20 Pa.B.

4788 (September 15, 1990); Supplemental Report published at 21 

Pa.B. 621 (February 16, 1991).

Final Report explaining the August 9, 1994 amendments published 

with the Court's Order at 24 Pa.B. 4342 (August 27, 1994).

Final Report explaining the October 1, 1997 amendments published 

with the Court's Order at 27 Pa.B. 5414 (October 18, 1997).

Final Report explaining the July 2, 1999 amendments to paragraphs 

(B)(3) and (C) concerning restitution published with the Court's Order 

at 29 Pa.B. 3718 (July 17, 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 August 7, 2003 changes to paragraph (D) 

and Comment concerning defendants under the age of 18 published 

with the Court’s Order at 33 Pa.B. 4293 (August 30, 2003).

Final Report explaining the April 1, 2005 Comment revision 

concerning application of the Juvenile Court Procedural Rules 

published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005).

Final Report explaining the June 30, 2005 changes distinguishing 

between procedures for warrants that initiate proceedings and 

bench warrants procedures in summary cases published with the 

Court’s Order at 35 Pa.B. 3911 (July 16, 2005).

Final Report explaining the March 9, 2006 Comment revision adding 

the cross-reference to Rule 706 published with the Court’s Order at

36 Pa.B. 1396 (March 25, 2006).

Final Report explaining the May 7, 2014 Comment revision changing 

the cross-reference to the Philadelphia Traffic Court to the Traffic 
7

Division of the Philadelphia Municipal Court published with the 

Court’s Order at 44 Pa.B. 3067 (May 24, 2014).

Final Report explaining the April 10, 2015 amendment concerning the 

setting of collateral pending summary trial published with the 

Court’s Order at 45 Pa.B. ( , 2015).
8

RULE 441. PROCEDURE FOLLOWING ARREST WITHOUT WARRANT.

(A) When a defendant has been arrested without a warrant, the defendant shall be 

either released from custody pursuant to paragraph (B) or taken before the proper 

issuing authority under paragraph (C).

(B) When a defendant has been arrested without a warrant, the arresting officer shall 

promptly release the defendant from custody when the following conditions have been 

met:

(1) the defendant poses no threat of immediate physical harm to any 

other person or to himself or herself; and

(2) the arresting officer has reasonable grounds to believe that the 

defendant will appear as required. 

A citation shall be issued to the defendant at the time of release and thereafter the case 

shall proceed in accordance with Rules 405-409 as if the proceedings had been 

instituted by issuing a citation to the defendant.

(C) When the defendant has not been released from custody under paragraph (B),

(1) the defendant shall be taken without unnecessary delay before the issuing 

authority when available pursuant to Rule 117 where a citation shall be filed 

against the defendant, and

(a) the defendant shall enter a plea.

(b) If the defendant pleads guilty, the issuing authority shall impose 

sentence. If the defendant pleads not guilty, the defendant shall be given 

an immediate trial unless:

(i) the Commonwealth is not ready to proceed, or the defendant 

requests a postponement or is not capable of proceeding, and in 

any of these circumstances, [the defendant shall be given the 

opportunity to deposit collateral for appearance on the new 

date and hour fixed for trial] the issuing authority shall 

release the defendant on recognizance unless the issuing 

authority has reasonable grounds to believe that the 

defendant will not appear, in which case, the issuing authority

may fix the amount of collateral to be deposited to ensure the

defendant's appearance on the new date and hour fixed for 

trial; or
9

(ii) the defendant's criminal record must be ascertained 

before trial as specifically required by statute for purposes 

of grading the offense charged, in which event [the 

defendant shall be given the opportunity to deposit 

collateral for appearance on the new date and hour 

fixed for trial] the issuing authority shall release the 

defendant on recognizance unless the issuing authority

has reasonable grounds to believe that the defendant 

will not appear, in which case, the issuing authority 

may fix the amount of collateral to be deposited to 

ensure the defendant's appearance on the new date and 

hour fixed for trial, which shall be after the issuing 

authority's receipt of the required information.

(iii) In determining whether it is necessary to set collateral and 

what amount of collateral should be set, the issuing authority

shall consider the factors listed in Rule 523. The amount of 

collateral shall not exceed the full amount of the fine and 

costs. 

(iv) If collateral has been set, the issuing authority shall state 

in writing the reason(s) why any collateral other than release 

on recognizance has been set and the facts that support a 

determination that the defendant has the ability to pay

monetary collateral.

(v) If collateral is set and the defendant does not post 

collateral, the defendant shall not be detained without a trial 

longer than 72 hours or the close of the next business day if 

the 72 hours expires on a non-business day. 

(2) If the defendant is under 18 years of age and cannot be given an immediate 

trial, the issuing authority promptly shall notify the defendant and defendant's 

parents, guardian, or other custodian of the date set for the summary trial, and 

shall release the defendant on his or her own recognizance.

COMMENT: This rule was amended in 2005 to require the 

arresting police officer to promptly arrange for the 

defendant's release if the two criteria set forth in paragraph 

(B) are met. 

“Reasonable grounds” as used in paragraph (B)(2) would 

include such things as concerns about the validity of the 
10

defendant’s address, the defendant’s prior contacts with the 

criminal justice system, and the police officer’s personal 

knowledge of the defendant.

Delay of trial under paragraph (C)(1)(b)(ii) is required by 

statutes such as 18 Pa.C.S. § 3929 (pretrial fingerprinting 

and record-ascertainment requirements). Although the 

defendant's trial may be delayed under this paragraph, the 

requirement that the defendant be taken without 

unnecessary delay before the proper issuing authority 

remains unaffected. See also Rules 408, 413, and 423.

On the [defendant's right to counsel and] appearance or

waiver of counsel, see Rules 121 and 122.

With regard to the "proper" issuing authority as used in these 

rules, see Rule 130.

For the procedure in court cases initiated by arrest without 

warrant, see Rule [518] 519.

For the procedures in summary cases within the jurisdiction 

of the Philadelphia Municipal Court and the Philadelphia 

Municipal Court Traffic Division, see Chapter 10.

Concerning an issuing authority’s availability, see Rule 117 

(Coverage: Issuing Warrants; Preliminary Arraignments and 

Summary Trials; and Setting and Accepting Bail).

When the police must detain a defendant pursuant to this 

rule, [61 P.S. § 798] 61 P.S. § 1154 provides that the 

defendant may be housed for a period not to exceed 48 

hours in “the borough and township lockups and [city or 

county prisons] county correctional institutions.”

NOTE: Rule 71 adopted July 12, 1985, effective January 1, 

1986; Comment revised September 23, 1985, effective 

January 1, 1986; January 1, 1986 effective dates extended 

to July 1, 1986; amended August 9, 1994, effective January 

1, 1995; amended May 14, 1999, effective July 1, 1999; 

renumbered Rule 441 and amended March 1, 2000, 

effective April 1, 2001; amended August 7, 2003, effective 

July 1, 2004; amended June 30, 2005, effective August 1, 
11

2006; Comment revised May 7, 2014, effective immediately 

[.] ; amended April 10, 2015, effective July 10, 2015.

* * * * * *

COMMITTEE EXPLANATORY REPORTS:

Report explaining the August 9, 1994 amendments published at 22 

Pa.B. 6 (January 4, 1992); Final Report published with the Court's 

Order at 24 Pa.B. 4342 (August 27, 1994).

Final Report explaining the May 14, 1999 amendments to paragraph 

(C)(1) and the Comment published with the Court's Order at 29 Pa.B.

2775 (May 29, 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 August 7, 2003 changes to the Comment

concerning defendants under the age of 18 published with the 

Court’s Order at 33 Pa.B. 4293 (August 30, 2003).

Final Report explaining the June 30, 2005 changes concerning 

release of defendant following arrest and procedures when 

defendant is not released published with the Court’s Order at 35 

Pa.B. 3901 (July 16, 2005).

Final Report explaining the May 7, 2014 Comment revision changing 

the cross-reference to the Philadelphia Traffic Court to the Traffic 

Division of the Philadelphia Municipal Court published with the 

Court’s Order at 44 Pa.B. 3067 (May 24, 2014).

Final Report explaining the April 10, 2015 amendment concerning 

the setting of collateral pending summary trial published with the 

Court’s Order at 45 Pa.B. ( , 2015).
12

RULE 452. COLLATERAL

(A) The issuing authority shall release the defendant on recognizance unless the 

issuing authority has reasonable grounds to believe that the defendant will not 

appear.

(B) If the issuing authority has reasonable grounds to believe that the defendant 

will not appear, [T]the issuing authority [shall] may fix the amount of collateral [, if 

any,] to be deposited to [insure] ensure a defendant's appearance at the summary 

trial, which amount shall not exceed the full amount of the fine and costs. 

(C) In determining whether it is necessary to set collateral and what amount of 

collateral should be set, the issuing authority shall consider the factors listed in 

Rule 523. 

(D) If collateral is set, the issuing authority shall state in writing the reason(s) 

why any collateral other than release on recognizance has been set and the facts 

that support a determination that the defendant has the ability to pay monetary 

collateral.

(E) To be released on recognizance or to request a lower amount of collateral, 

the defendant must appear personally before the issuing authority to enter a plea, 

as provided in Rules 408, 413, and 423.

[(B)] (F) The collateral deposited shall be in United States currency or a cash 

equivalent.

[(C)] (G) The collateral deposited may be forfeited after conviction at the summary trial 

and applied to payment of the fine and costs.

COMMENT: The term "collateral" is intended to convey the 

dual purpose of the amount of money that is deposited. 

First, the amount deposited is used as bail to secure the 

defendant's appearance at the summary trial. Second, the 

amount deposited is used as security, and may be forfeited 

in the event of a conviction to satisfy any fine and costs. 

A defendant may not be penalized or denied a hearing 

because he or she cannot pay the full amount of the fine and 

costs as collateral.

[Although this rule permits an issuing authority to fix 

collateral in an amount up to the full amount of fine and 
13

costs the issuing authority is not required to fix 

collateral or any particular amount of collateral, and may

set an amount less than the fine and costs. The issuing 

authority may also release the defendant on 

recognizance when the issuing authority has reasonable 

grounds to believe that the defendant will appear or the 

defendant is without adequate resources to deposit 

collateral. To request a lower amount of collateral or to

be released on recognizance, the defendant must 

appear personally before the issuing authority to enter a 

plea, as provided in Rules 408, 413, and 423.]

For the purpose of paragraph [(B)] (F), any guaranteed 

arrest bond certificate issued by an automobile club or 

association pursuant to 40 P.S. § 837 (1959) would 

constitute a "cash equivalent."

NOTE: Rule 81 adopted July 12, 1985, effective January 1, 

1986; effective date extended to July 1, 1986; Comment

revised February 1, 1989, effective July 1, 1989; Comment

revised May 14, 1999, effective July 1, 1999; renumbered 

Rule 452 and Comment revised March 1, 2000, effective 

April 1, 2001 [.] ; amended April 10, 2015, effective July

10, 2015.

* * * * * * *

COMMITTEE EXPLANATORY REPORTS:

Final Report explaining the May 14, 1999 Comment revisions 

published with the Court's Order at 29 Pa.B. 2775 (May 29, 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 April 10, 2015 amendment concerning the 

setting of collateral published with the Court’s Order at 45 Pa.B. ( 

, 2015).
14

RULE 456. DEFAULT PROCEDURES: RESTITUTION, FINES, AND COSTS.

(A) When a defendant advises the issuing authority that a default on a single 

remittance or installment payment of restitution, fines, or costs is imminent, the issuing 

authority may schedule a hearing on the defendant's ability to pay. If a new payment 

schedule is ordered, the order shall state the date on which each payment is due, and 

the defendant shall be given a copy of the order.

(B) If a defendant defaults on the payment of fines and costs, or restitution, as ordered, 

the issuing authority shall notify the defendant in person or by first class mail that, 

unless within 10 days of the date on the default notice, the defendant pays the amount 

due as ordered, or appears before the issuing authority to explain why the defendant 

should not be imprisoned for nonpayment as provided by law, a warrant for the 

defendant's arrest may be issued.

(C) If the defendant appears pursuant to the 10-day notice in paragraph (B) or following 

an arrest for failing to respond to the 10-day notice in paragraph (B), the issuing 

authority shall conduct a hearing immediately to determine whether the defendant is 

financially able to pay as ordered. 

(1) If the hearing cannot be held immediately, the issuing authority shall 

release the defendant on recognizance unless the issuing authority has 

reasonable grounds to believe that the defendant will not appear, in which 

case, the issuing authority may set collateral as provided in Rule 523. 

(2) If collateral is set, the issuing authority shall state in writing the 

reason(s) why any collateral other than release on recognizance has been 

set and the facts that support a determination that the defendant has the 

ability to pay monetary collateral.

(3) If collateral is set and the defendant does not post collateral, the 

defendant shall not be detained without a hearing longer than 72 hours or 

the close of the next business day if the 72 hours expires on a nonbusiness day. 

(D) When a defendant appears pursuant to the notice in paragraph (B) or 

pursuant to an arrest warrant issued for failure to respond to the notice as 

provided in paragraph (C): 

(1) [U]upon a determination that the defendant is financially able to pay as 

ordered, the issuing authority may impose any sanction provided by law.
15

(2) Upon a determination that the defendant is financially unable to pay as 

ordered, the issuing authority may order a schedule or reschedule for installment 

payments, or alter or amend the order as otherwise provided by law. 

(3) At the conclusion of the hearing, the issuing authority shall:

(a) if the issuing authority has ordered a schedule of installment payments 

or a new schedule of installment payments, state the date on which each 

installment payment is due;

(b) advise the defendant of the right to appeal within 30 days for a hearing 

de novo in the court of common pleas, and that if an appeal is filed:

(i) the execution of the order will be stayed and the issuing 

authority may set bail or collateral; and 

(ii) the defendant must appear for the hearing de novo in the 

court of common pleas or the appeal may be dismissed;

(c) if a sentence of imprisonment has been imposed, direct the defendant 

to appear for the execution of sentence on a date certain unless the 

defendant files a notice of appeal within the 30-day period; and

(d) issue a written order imposing sentence, signed by the issuing 

authority. The order shall include the information specified in paragraphs 

[(C)(3)(a)] (D)(3)(a) through [(C)(3)(c)] (D)(3)(c), and a copy of the order 

shall be given to the defendant.

[(D)] (E) A defendant may appeal an issuing authority's determination pursuant to this 

rule by filing a notice of appeal within 30 days of the issuing authority's order. The 

appeal shall proceed as provided in Rules 460, 461, and 462.

COMMENT: The purpose of this rule is to provide the 

procedures governing defaults in the payment of restitution, 

fines, and costs.

Although most of this rule concerns the procedures followed 

by the issuing authority after a default occurs, paragraph (A) 

makes it clear that a defendant should be encouraged to 

seek a modification of the payment order when the 

defendant knows default is likely, but before it happens. For 

fines and costs, see 42 Pa.C.S. § 9730(b)(3).
16

An issuing authority may at any time alter or amend an order 

of restitution. See 18 Pa.C.S. § 1106(c)(2) and (3).

When a defendant defaults on a payment of restitution, fines, 

or costs, paragraph (B) requires the issuing authority to 

notify the defendant of the default, and to provide the 

defendant with an opportunity to pay the amount due or 

appear within 10 days to explain why the defendant should 

not be imprisoned for nonpayment. Notice by first class mail 

is considered complete upon mailing to the defendant's last 

known address. See Rule 430(B)(4).

Except in cases under the Public School Code of 1949, 24 

P.S. § 1-102, et seq., in which the defendant is at least 13 

years of age but not yet 17, if the defendant is under 18 

years of age, the notice in paragraph (B) must inform the 

defendant and defendant's parents, guardian, or other 

custodian that, if payment is not received or the defendant 

does not appear within the 10-day time period, the issuing 

authority will certify notice of the failure to pay to the court of 

common pleas as required by the Juvenile Act, 42 Pa.C.S. § 

6302, definition of "delinquent act," paragraph (2)(iv), and 

the case will proceed pursuant to the Rules of Juvenile Court 

Procedure and the Juvenile Act instead of these rules.

If the defendant is charged with a violation of the compulsory 

attendance requirements of the Public School Act of 1949, 

24 P.S. § 1-102, et seq.; has attained the age of 13 but is not 

yet 17; and has failed to pay the fine, the issuing authority 

must issue the notice required by paragraph (B)(4) to the 

defendant and the defendant's parents, guardian, or other 

custodian informing the defendant and defendant's parents, 

guardian, or other custodian that, if payment is not received 

or the defendant does not appear within the 10-day time 

period, the issuing authority may allege the defendant 

dependent under 42 Pa.C.S. § 6303(a)(1). Pursuant to 24 

P.S. § 13-1333(b)(2), the defendant’s failure to pay is not a 

delinquent act and the issuing authority would not certify 

notice of the failure to pay to the common pleas court.

If the defendant is 18 years or older when the default in 

payment occurs, the issuing authority must proceed under 

these rules.
17

Pursuant to paragraph (C), the issuing authority must 

conduct a default hearing when a defendant responds to the 

10-day notice as provided in paragraph (B), or when the 

defendant is arrested for failing to respond to the 10-day 

notice. If the default hearing cannot be held immediately, 

the issuing authority may set [bail] collateral as provided in 

[Chapter 5 Part C] Rule 523. However, the issuing 

authority should only set monetary collateral when he or 

she has determined that less restrictive conditions of 

release will not be effective in ensuring the defendant’s 

appearance. 

Under paragraph [(C)(1)] (D)(1), when the issuing authority 

determines that a defendant is able to pay as ordered, the 

issuing authority may, as provided by law, impose 

imprisonment or other sanctions. In addition, delinquent 

restitution, fines, or court costs may be turned over to a 

private collection agency. See 42 Pa.C.S. §§ 9730(b)(2) and 

9730.1(a).

When a defendant is in default of an installment payment, 

the issuing authority on his or her own motion or at the 

request of the defendant or the attorney for the 

Commonwealth must schedule a rehearing to determine the 

cause of the default. Before an issuing authority may 

impose a sentence of imprisonment as provided by law for 

nonpayment of restitution, fines, or costs, a hearing or 

rehearing must be held whenever a defendant alleges that 

his or her ability to pay has been diminished. See 42 

Pa.C.S. § 9730(b). No defendant may be sentenced to 

imprisonment or probation if the right to counsel was 

not afforded at trial. See Alabama v. Shelton, 535 U.S. 

654 (2002) and Scott v. Illinois, 440 U.S. 367 (1979). See 

also Commonwealth v. Farmer, 466 A.2d 677 (Pa. Super. 

1983) (Whenever there is a likelihood in a proceeding 

that imprisonment will be imposed, counsel must be 

assigned) and (Commonwealth v. Spontarelli, 791 A.2d 

1254 (Pa. Cmmw. 2002) (defendant is entitled to 

appointed counsel when tried for violation of municipal 

ordinance that permits imprisonment upon default of 

payment of the fine). See also Rules 121 and 122 (dealing 

with [the right to] appearance or waiver of counsel).
18

When a rehearing is held on a payment schedule for fines or 

costs, the issuing authority may extend or accelerate the 

payment schedule, leave it unaltered, or sentence the 

defendant to a period of community service, as the issuing 

authority finds to be just and practicable under the 

circumstances. See 42 Pa.C.S. § 9730(b)(3).

This rule contemplates that when there has been an appeal 

pursuant to paragraph [(D)](E), the case would return to the 

issuing authority who presided at the default hearing for 

completion of the collection process.

Nothing in this rule is intended to preclude an issuing 

authority from imposing punishment for indirect criminal 

contempt when a defendant fails to pay fines and costs in 

accordance with an installment payment order, 42 Pa.C.S. 

§§ 4137(a)(4), 4138(a)(3), and 4139(a)(3), or fails to pay 

restitution, 42 Pa.C.S. § 4137(a)(3). Separate Rules of 

Criminal Procedure govern contempt adjudications. See

Chapter 1 Part D. 

NOTE: Adopted July 12, 1985, effective January 1, 1986; 

amended September 23, 1985, effective January 1, 1986; 

January 1, 1986 effective dates extended to July 1, 1986; 

Comment revised February 1, 1989, effective July 1, 1989; 

rescinded October 1, 1997, effective October 1, 1998. New 

Rule 85 adopted October 1, 1997, effective October 1, 1998; 

amended July 2, 1999, effective August 1, 1999; renumbered 

Rule 456 and amended March 1, 2000, effective April 1, 

2001; Comment revised August 7, 2003, effective July 1, 

2004; amended March 3, 2004, effective July 1, 2004; 

Comment revised April 1, 2005, effective October 1, 2005; 

Comment revised September 21, 2012, effective November 

1, 2012; Comment revised January 17, 2013, effective May 1, 

2013[.] ; amended April 10, 2015, effective July 10, 2015.
19

* * * * * *

COMMITTEE EXPLANATORY REPORTS:

Final Report explaining the new rule published with the Court's Order 

at 27 Pa.B. 5414 (October 18, 1997).

Final Report explaining the July 2, 1999 amendments to paragraph (C) 

published with the Court's Order at 29 Pa.B. 3718 (July 17, 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 August 7, 2003 changes to the Comment 

concerning failure to pay and juveniles published with the Court’s 

Order at 33 Pa.B. 4293 (August 30, 2003).

Final Report explaining the March 3, 2004 amendment to paragraph 

(B) published with the Court's Order at 34 Pa.B. 1561 (March 20, 

2004).

Final Report explaining the April 1, 2005 Comment revision 

concerning application of the Juvenile Court Procedural Rules 

published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005).

Final Report explaining the September 21, 2012 Comment revision 

correcting the typographical error in the fourth paragraph published 

with the Court’s Order at 42 Pa.B. 6247 (October 6, 2012).

Final Report explaining the January 17, 2013 revisions of the 

Comment concerning the Public School Code of 1949 published with 

the Court’s Order at 43 Pa.B. 654 (February 2, 2013).

Final Report explaining the April 10, 2015 amendments concerning 

the setting of collateral published with the Court’s Order at 45 Pa.B. 

( , 2015).
20

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.] shall release the defendant on recognizance unless 

the issuing authority has reasonable grounds to believe that the defendant will 

not appear, in which case, the issuing authority may set collateral as provided in 

Rule 523. 

(1) In determining whether it is necessary to set collateral and what amount 

of collateral should be set, the issuing authority shall consider the factors 

listed in Rule 523 and the length of sentence in relation to the length of the 

stay.

(2) The issuing authority shall state in writing the reason(s) why any

collateral other than release on recognizance has been set and the facts 

that support a determination that the defendant has the ability to pay

monetary collateral.

(3) If the defendant is incarcerated during the period of a stay for failure to 

post collateral, in no event shall the defendant be incarcerated for a period 

greater than the period of imprisonment awarded in the original sentence. 

(E) During the 30-day appeal period, failure to pay fine[s] and costs, or restitution, shall 

not be grounds for imprisonment, and shall not be grounds to preclude the taking of an 

appeal. 

COMMENT: 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 
21

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.

Paragraph (D) permits an issuing authority to require the 

defendant to post collateral during the stay pending 

appeal. However, given the potentially short sentences 

in such cases, imprisoning a defendant during the stay

period for failure to post collateral is contrary to the 

intent of the stay provision of this rule. 

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[.] ; amended April 10, 2015, effective 

July 10, 2015. 

* * * * * *

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:
22

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. 1324 (March 15, 2003).

Final Report explaining the April 10, 2015 amendment 

concerning the setting of collateral published with the Court’s 

Order at 45 Pa.B. ( , 2015).
23

RULE 1033. PROCEDURES WHEN DEFENDANT ARRESTED WITH WARRANT.

(A) When a defendant is arrested pursuant to a warrant issued as provided in Rule 430, 

the police officer without unnecessary delay shall take the defendant before the proper 

issuing authority and shall proceed as provided in this rule and by local rule.

(B) When the defendant appears in person or appears by means of two-way 

simultaneous audio-video equipment, the judge or arraignment court magistrate shall:

(1) inform the defendant concerning the specific citations to which the defendant 

has not entered a plea as required by Rules 407 and 412;

(2) inform the defendant concerning the specific citations that have been 

adjudicated that have outstanding fines or costs for which the defendant is in 

default of a payment order or a payment plan; and

(3) advise the defendant of the right to retain counsel, and if, in the event of a 

conviction, there is a reasonable likelihood of a sentence of imprisonment and 

the defendant does not have the financial ability to retain counsel, advise the 

defendant that counsel will be appointed by Traffic Division as provided in Rule 

1035. 

(C) When the defendant appears before an arraignment court magistrate, the 

arraignment court magistrate shall schedule the next court proceeding before the Traffic 

Division and give the defendant a hearing notice or subpoena, set collateral as provided 

in Rule 1034 and local rule, and release the defendant, or if the defendant is unable to 

post the collateral, commit the defendant. 

(D) When the defendant appears before a Traffic Division judge or hearing officer,

(1) if the matter is not ready to proceed, the Traffic Division judge or hearing 

officer shall schedule the next court proceeding and give the defendant a 

scheduling order, [set collateral as provided in Rule 1034 and local rule, and 

release the defendant,] and shall release the defendant on recognizance 

unless the issuing authority has reasonable grounds to believe that the 

defendant will not appear, in which case, the issuing authority may fix the 

amount of collateral, as provided in Rules 452, 1034, and local rule, to be 

deposited to ensure the defendant's appearance on the new date and hour 

fixed for trial, and [or] if the defendant [is unable to] does not post the 

collateral, commit the defendant. 

(a) In determining whether it is necessary to set collateral and what 

amount of collateral should be set, the Traffic Division judge or 

hearing officer shall consider the factors listed in Rule 523. The 
24

amount of collateral shall not exceed the full amount of the fine 

and costs. 

(b) If collateral has been set, the Traffic Division judge or hearing 

officer shall state in writing the reason(s) why any collateral 

other than release on recognizance has been set and the facts 

that support a determination that the defendant has the ability 

to pay monetary collateral.

(c) If collateral is set and the defendant does not post collateral, the 

defendant shall not be detained without a trial longer than 72 

hours or the close of the next business day if the 72 hours 

expires on a non-business day. 

(2) If the matter is ready to proceed,

(a) when the defendant is arrested pursuant to a warrant issued as 

provided in Rule 430(A) or (B)(1)(a) or (B)(2), the defendant shall enter a 

plea. If the defendant pleads guilty, the Traffic Division judge or hearing 

officer shall impose sentence. If the defendant pleads not guilty, the 

summary trial shall be conducted.

(b) When the defendant is arrested following a trial in absentia pursuant 

to a warrant issued as provided in Rule 430(B)(3)(c) and (B)(4),

(i) the Traffic Division judge or hearing officer shall conduct an 

immediate hearing to determine defendant’s financial ability to pay 

the full amount due.

(ii) If the Traffic Division judge or hearing officer determines the 

defendant is financially unable to pay the full amount due, the judge 

may order an installment payment plan as provided in Rule 

456(C)(2).

(iii) If the judge or hearing officer determines the defendant is 

financially able to pay the full amount due, and that there is a 

likelihood that imprisonment will be imposed at the conclusion of 

the hearing, the judge or hearing officer shall advise the defendant 

of the right to retain counsel, and, if the defendant does not have 

the financial ability to retain counsel, advise the defendant that 

counsel will be appointed by Traffic Division as provided in Rule 

1035. A hearing may be held if retained or appointed counsel is 

available; otherwise, the hearing shall be rescheduled for a date 
25

certain, and the defendant shall be released on collateral as 

provided in Rule 1034.

(iv) At the conclusion of the hearing, the Traffic Division judge or 

hearing officer shall proceed as provided in Rule 456(C)(3).

(c) When the defendant is arrested after defaulting on the payment of fine 

or costs or restitution pursuant to a warrant issued as provided in Rule 

430(B)(3)(b) and (B)(4),

(i) the Traffic Division judge or hearing officer shall conduct an 

immediate hearing to determine whether the defendant is financially 

able to pay the outstanding fine and costs as previously ordered. 

(ii) If the judge or hearing officer determines the defendant is 

financially unable to pay as previously ordered, the judge may issue 

a revised payment order or payment plan. 

(iii) If the judge or hearing officer determines the defendant is 

financially able to pay as previously ordered, and that there is a 

likelihood that imprisonment will be imposed at the conclusion of 

the hearing, the judge shall advise the defendant of the right to 

retain counsel, and if, the defendant does not have the financial 

ability to retain counsel, advise the defendant that counsel will be 

appointed by Traffic Division as provided in Rule 1035. A hearing 

may be held if retained or appointed counsel is available; 

otherwise, the hearing shall be rescheduled for a date certain, and 

the defendant shall be released on collateral as provided in Rule 

1034.

(iv) At the conclusion of the hearing, the Traffic Division judge or 

hearing officer shall proceed as provided in Rule 456(C)(3).

(d) When the defendant is arrested on multiple warrants in cases 

involving both unadjudicated citations and adjudicated citations with 

outstanding balances, the matter shall proceed as provided in paragraph 

(D)(2)(a) (summary trial), or paragraphs (D)(2)(b) or (D)(2)(c) (default 

hearings). These cases may be joined and the proceeding scheduled 

before the same Traffic Division judge or hearing officer.

COMMENT: Pursuant to Philadelphia Municipal Court 

Local Rule 540 and Traffic Division Local Rule 1033, when 

a defendant is arrested outside the normal business hours 
26

of Traffic Division, the defendant is to be taken without 

unnecessary delay before a Philadelphia Municipal Court 

arraignment court magistrate who shall proceed as 

provided in paragraph (C) and in Traffic Division Local 

Rule 1033.

"Proper issuing authority" as used in this rule is the Traffic Division 

judge or arraignment court magistrate assigned to conduct these 

proceedings as provided in this rule, Municipal Court Local Rule 

540, and Traffic Division Local Rule 1033.

For the procedures for contempt proceedings in Traffic Division 

cases, see Rules 140, 141, and 142.

For the summary appeal procedures, see Rules 460, 461, 

and 462.

See Rule 105 for the procedures for promulgating local 

rules.

NOTE: Adopted September 9, 2005, effective February 1, 

2006; amended May 7, 2014, effective immediately [.] ; 

amended April 10, 2015, effective July 10, 2015.

* * * * * *

COMMITTEE EXPLANATORY REPORTS:

Final Report explaining the provisions of the new rule published with 

the Court’s Order at 35 Pa.B. 5239 (September 24, 2005).

Final Report explaining the May 7, 2014 amendments concerning the 

transfer of functions from the Philadelphia Traffic Court to the 

Philadelphia Municipal Court published with the Court’s Order at 44 

Pa.B. 3067 (May 24, 2014).

Final Report explaining the April 10, 2015 amendment concerning the 

setting of collateral pending summary trial published with the 

Court’s Order at 45 Pa.B. ( , 2015).