The 1990 amendment to this rule made it clear that Part A of Chapter 8 applies to both the guilt determination and sentencing phases of cases in which the death penalty is authorized. The chapter was amended in 2013 by the addition of Part B providing special procedures for seeking to preclude imposition of a sentence of death by reason of the defendant’s mental retardation.
Except as provided in Part A, 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 Part A 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 6) apply. See, for example, Rule 631 (Examination and Challenges of Trial Jurors).
Part A 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 811.
Previous Rule 351 adopted September 22, 1976, effective November 1, 1976; rescinded April 2, 1978, effective immediately.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; amended October 1, 2012, effective November 1, 2012; amended July 31, 2013, effective October 1, 2013.
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. 1478 (March 18, 2000).
Final Report explaining the October 1, 2012 amendments clarifying the application of the Chapter to Rule 801 published with the Court’s Order at 42 Pa.B. 6635 (October 20, 2012).
Final Report explaining the July 31, 2013 adoption of the new rules establishing the procedures for challenging the defendant’s competency to be executed published with the Court’s Order at 43 Pa.B. 4722 (August 17, 2013).
