SUBCHAPTER C
INDICTMENT AND INFORMATION
Sec.
8931. Indictment and information.
8932. Nolle prosequi or settlement.
8933. Dismissal of criminal cases.
8934. Sealing of affidavits.
§ 8931. Indictment and information.
(a) General rule.--Except as provided in subsection (b), no person shall, for any indictable offense,
be proceeded against criminally by information, except in cases arising in the land
or naval forces, or in the militia, when in actual service, in time of war or public
danger or by leave of court for oppression or misdemeanor in office.
(b) Criminal information.--Each of the courts of common pleas may, with the approval of the Supreme Court, provide
for the initiation of criminal proceedings therein by information filed in the manner
provided or prescribed by law. The Administrative Office shall cause all orders of
the Supreme Court entered under this subsection to be codified in the Pennsylvania
Code.
(c) Jurisdiction and duties of courts.--The several courts of common pleas which have obtained the approval of the Supreme
Court to provide for the initiation of criminal proceedings by informations instead
of by grand jury indictments, shall possess and exercise the same power and jurisdiction
as they heretofore possessed in cases of prosecutions upon indictments.
(d) Duties of prosecuting attorneys.--Whenever a transcript of proceedings, complaint and all related papers in a criminal
proceeding where the defendant has been held for court have been transmitted to the
clerk of court or the officer designated by the court, such officer, after recording
the same, shall immediately transmit the documents or a copy thereof to the district
attorney. The district attorney or his designee shall have the duty to inquire into
and make full examination of all the facts and circumstances connected with each such
case to determine if the facts and circumstances warrant the filing of an information
or informations premised upon the transcript. No information shall be filed by the
district attorney concerning alleged criminal violations where a preliminary hearing
has not been held or properly waived except as prescribed by general rules.
(e) Disposition of cases.--The district attorney shall sign all informations. The information shall be filed
in the form prescribed by general rules.
(f) Investigating grand juries unaffected.--No grand jury shall be impaneled in any judicial district where this section is applicable
for the purpose of considering bills of indictment. This section shall not prohibit
the impaneling of grand juries under and with the powers provided in Subchapter D
of Chapter 45 (relating to investigating grand juries) or for any other purpose as
provided or prescribed by law.
(g) Certain proceedings and statutes unaffected.--This section shall not affect criminal proceedings held before the minor judiciary
as now provided or prescribed by law nor, except as provided in this section, shall
it affect criminal proceedings subsequent to the filing of the information by a district
attorney. Except as otherwise provided in this section or to the extent that they
are specifically inconsistent with prosecutions initiated by information, existing
statutes applicable to criminal prosecutions initiated by indictment shall be applicable
to the information filed under this section by a district attorney.
(h) Applicability of section.--Subsections (c) through (g) shall be applicable only in those judicial districts which
have obtained the approval of the Supreme Court to substitute informations for grand
jury indictments as the method for initiating criminal prosecutions. Thereafter, all
statutes and parts of statutes inconsistent with such subsections shall not apply
in such judicial districts.
(i) Definition.--As used in this section "district attorney" includes a special attorney appointed
by the Attorney General in the manner provided by statute, an acting district attorney
and any assistant district attorney whose authority to act for the district attorney
under this section is evidenced by a written designation executed by the district
attorney or acting district attorney and filed with the clerk of the courts.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff.
60 days)
1980 Amendment. Act 142 amended subsec. (f).
1978 Amendment. Act 53 amended subsec. (e).
Cross References. Section 8931 is referred to in section 5552 of this title.
Notes of Decisions
Cited in
19
cases (
3 in the last 5 years), 1980–2025 · leading case:
Ramos v. Louisiana, 590 U.S. 83 (2020).
Ramos v. Louisiana, 590 U.S. 83 (2020).
“I, §10 (providing that “[e]ach of the several courts of common pleas may, with the approval of the Supreme Court, provide for the initiation of criminal proceedings therein by information”—a condition that has now been met in all counties); see also 42 Pa.”
Commonwealth v. Emanuel, 428 A.2d 204 (Pa. Super. Ct. 1981).
· cites it 6× “) In rejecting the defendant's contention that he should be discharged because the district attorney had not signed the informations manually, our Supreme Court cited 42 Pa. C.S. § 8931, Rule 225(b), and our Court's opinion in Commonwealth v.”
Commonwealth v. Shirey, 481 A.2d 1314 (Pa. 1984).
· cites it 4× “At the time Mackin signed the informations, his authority to act for the district attorney in signing informations had not been evidenced by a written designation filed with the clerk of courts, in accordance with 42 Pa.C.S. § 8931(i). Thereafter, on May 28, 1980, the…”
Commonwealth v. McClelland, 165 A.3d 19 (Pa. Super. Ct. 2017).
· cites it 2× “See 42 Pa.C.S. § 8931(b) (permitting each of the courts of common pleas, with approval of the Supreme Court, to permit initiation of criminal proceedings by criminal information).”
Commonwealth v. Carsia, 491 A.2d 237 (Pa. 1985).
· cites it 4× “" 42 Pa.C.S. § 8931(c). The statute continues in subsection (i) to define "district attorney" as including "a special attorney appointed by the Attorney General in the manner provided by statute.”
Commonwealth v. Berrigan, 472 A.2d 1099 (Pa. 1984).
· cites it 5× “The informations were therefore signed in conformance with 42 Pa.C.S. § 8931. Having concluded that appellants are entitled to a new trial, we reverse judgments of sentence and remand for new trial at which appellants shall be permitted to prove, if they can, that their conduct…”
Commonwealth v. Veneri, 452 A.2d 784 (Pa. Super. Ct. 1982).
“We believe that it is not an unreasonable burden to require district attorneys, or assistant district attorneys acting for them in accordance with 42 Pa.C.S. § 8931(i), to sign informa-tions manually.”
Commonwealth v. Adams, 421 A.2d 778 (Pa. Super. Ct. 1980).
“35, § 2; ** see 42 Pa.C.S. § 8931. Moreover, our Rules of Criminal Procedure provide that “[t]wo or more offenses of any grade, other than murder, may be charged in the same information if they are of the same or similar character .”
Com. v. Torres, K. (Pa. Super. Ct. 2019).
· cites it 3× “… 42 Pa.C.S. § 8931 (b), (c), (f) and (h). Subsequently, in 2012, the Pennsylvania Supreme Court adopted Pa.”
Ramos v. Louisiana, 140 S. Ct. 1390 (2020).
“I, § 10 (providing that "[e]ach of the several courts of common pleas may, with the approval of the Supreme Court, provide for the initiation of criminal proceedings therein by information"-a condition that has now been met in all counties); see also 42 Pa.”
Commonwealth v. Devault, 455 A.2d 720 (Pa. Super. Ct. 1983).
“The informations thus comply with the law as stated in Contakos, supra, and 42 Pa.C.S. § 8931(i). 4 Devault therefore cannot claim relief *501 under the holding in Venen and Thomas , which invalidates only those informations bearing no more than a rubber stamp.”
Martinez v. Shapp, 859 F. Supp. 170 (E.D. Pa. 1994).
· cites it 3× “42 Pa.Cons.Stat.Ann. § 8931 (1994) (“the Act”).”
— 42 Pa. Cons. Stat. § 8931(b) — 2 cases
Commonwealth v. McClelland, 165 A.3d 19 (Pa. Super. Ct. 2017).
“See 42 Pa.C.S. § 8931(b) (permitting each of the courts of common pleas, with approval of the Supreme Court, to permit initiation of criminal proceedings by criminal information).”
— 42 Pa. Cons. Stat. § 8931(c) — 1 case
Commonwealth v. Carsia, 491 A.2d 237 (Pa. 1985).
“" 42 Pa.C.S. § 8931(c). The statute continues in subsection (i) to define "district attorney" as including "a special attorney appointed by the Attorney General in the manner provided by statute.”
— 42 Pa. Cons. Stat. § 8931(d)(e) — 1 case
Commonwealth v. Berrigan, 472 A.2d 1099 (Pa. 1984).
“The informations were therefore signed in conformance with 42 Pa.C.S. § 8931. Having concluded that appellants are entitled to a new trial, we reverse judgments of sentence and remand for new trial at which appellants shall be permitted to prove, if they can, that their conduct…”
— 42 Pa. Cons. Stat. § 8931(e) — 1 case
— 42 Pa. Cons. Stat. § 8931(f) — 1 case
Com. v. Torres, K. (Pa. Super. Ct. 2019).
“… 42 Pa.C.S. § 8931 (b), (c), (f) and (h). Subsequently, in 2012, the Pennsylvania Supreme Court adopted Pa.”
— 42 Pa. Cons. Stat. § 8931(i) — 8 cases
Commonwealth v. Shirey, 481 A.2d 1314 (Pa. 1984).
“At the time Mackin signed the informations, his authority to act for the district attorney in signing informations had not been evidenced by a written designation filed with the clerk of courts, in accordance with 42 Pa.C.S. § 8931(i). Thereafter, on May 28, 1980, the…”
Commonwealth v. Emanuel, 428 A.2d 204 (Pa. Super. Ct. 1981).
“) In rejecting the defendant's contention that he should be discharged because the district attorney had not signed the informations manually, our Supreme Court cited 42 Pa. C.S. § 8931, Rule 225(b), and our Court's opinion in Commonwealth v.”
Commonwealth v. Carsia, 491 A.2d 237 (Pa. 1985).
“" 42 Pa.C.S. § 8931(c). The statute continues in subsection (i) to define "district attorney" as including "a special attorney appointed by the Attorney General in the manner provided by statute.”
Commonwealth v. Berrigan, 472 A.2d 1099 (Pa. 1984).
“The informations were therefore signed in conformance with 42 Pa.C.S. § 8931. Having concluded that appellants are entitled to a new trial, we reverse judgments of sentence and remand for new trial at which appellants shall be permitted to prove, if they can, that their conduct…”
Commonwealth v. Veneri, 452 A.2d 784 (Pa. Super. Ct. 1982).
“We believe that it is not an unreasonable burden to require district attorneys, or assistant district attorneys acting for them in accordance with 42 Pa.C.S. § 8931(i), to sign informa-tions manually.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.