THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, TARTAGLIONE, FONTANA, BROWNE, RAFFERTY, ALLOWAY, M. WHITE AND LEACH, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Prohibiting the establishment of an Internet website to publish

the names or identities of individuals who have cooperated in

a criminal investigation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Website

Witness Protection Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  The Internet is an increasingly valuable medium for

the collection and dissemination of information.

(2)  There is increasing information posted on websites

concerning information on individuals who have provided

information in the investigation of criminal cases.

(3)  The posting of such information has led to the

intimidation of witnesses, as well as bodily injury or death

to such individuals or their family members in retaliation

for the information that they have provided.

(4)  Websites of this nature are causing concern in the

criminal justice system, where informants play an important

role in criminal investigations.

(5)  The Commonwealth has a compelling interest in

protecting the names or identities of individuals who have

cooperated in any criminal investigation, especially those

who serve as witnesses in providing information on ongoing

criminal investigations. In doing so, the General Assembly

must enact a narrowly tailored remedy to avoid and eliminate

any interference with criminal investigations and

prosecutions.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Internet."  The global information system that is logically

linked together by a globally unique address space based on the

Internet Protocol (IP), or its subsequent extensions, and that

is able to support communications using the transmission control

extensions, or other IP-compatible protocols, and that provides,

uses or makes accessible, either publicly or privately, high-

level services layered on the communications and related

infrastructure described in this act.

"Person."  Any individual, partnership, corporation, limited

liability company or other organization, or any combination

thereof.

Section 4.  Prohibition.

Any person who owns or operates an Internet website is

prohibited from publishing or permitting access for others to

electronically publish an individual's name or identity as it

relates to that individual serving as a witness to a criminal

investigation within this Commonwealth.

Section 5.  Criminal enforcement.

(a)  District attorneys.--The district attorneys of the

several counties shall have authority to investigate and to

institute criminal proceedings for any violation of this act.

(b)  Attorney General.--In addition to the authority

conferred upon the Attorney General under the act of October 15,

1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,

the Attorney General shall have the authority to investigate and

institute criminal proceedings for any violation of this act. A

person charged with a violation of this act by the Attorney

General shall not have standing to challenge the authority of

the Attorney General to investigate or prosecute the case, and,

if any such challenge is made, the challenge shall be dismissed

and no relief shall be available in the courts of this

Commonwealth to the person making the challenge.

(c)  Proceedings against persons outside Commonwealth.--In

addition to the powers conferred upon district attorneys and the

Attorney General in subsections (a) and (b), district attorneys

and the Attorney General shall have the authority to investigate

and initiate criminal proceedings against persons for violations

of this act in accordance with 18 Pa.C.S. § 102 (relating to

territorial applicability).

Section 6.  Penalty.

Any person that violates the provisions of this act commits a

felony of the second degree and shall, upon conviction, be

sentenced to imprisonment of not less than one year nor more

than ten years or to pay a fine, notwithstanding 18 Pa.C.S. §

1101 (relating to fines), of not more than $25,000.

Section 7.  Effective date.

This act shall take effect in 60 days.