PRINTER'S NO. 4158
No. 2736 Session of 2006
INTRODUCED BY PARKER, D. EVANS, O'BRIEN, CALTAGIRONE, JAMES,
BLAUM, DeWEESE, READSHAW, BELFANTI, BEYER, BLACKWELL, BUNT,
CLYMER, COHEN, DeLUCA, FABRIZIO, FRANKEL, GEORGE, GERGELY,
HARPER, HENNESSEY, JOSEPHS, LEACH, MANDERINO, MYERS,
PISTELLA, ROEBUCK, SCHRODER, SHAPIRO, SIPTROTH, SOLOBAY,
TANGRETTI, J. TAYLOR, THOMAS, TIGUE, WALKO, WANSACZ, WILLIAMS
AND YOUNGBLOOD, JUNE 7, 2006
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 2006
AN ACT
1 Amending Title 44 (Law and Justice) of the Pennsylvania
2 Consolidated Statutes, providing for witness relocation.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 44 of the Pennsylvania Consolidated
6 Statutes is amended by adding a part to read:
7 PART III
8 PROGRAMS
9 Chapter
10 31. Witness Relocation
11 CHAPTER 31
12 WITNESS RELOCATION
13 Sec.
14 3101. Definitions.
15 3102. Administration.
1 3103. Program.
2 3104. Admission.
3 3105. Witness services.
4 3106. Termination.
5 3107. Confidentiality.
6 3108. Federal Government.
7 § 3101. Definitions.
8 The following words and phrases when used in this chapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Office." The Office of Attorney General.
12 "Program." The program established in section 3103 (relating
13 to program).
14 "Witness." An individual having knowledge of the existence
15 or nonexistence of facts or information relating to a crime. The
16 term includes:
17 (1) An individual who has reported facts or information
18 to a law enforcement officer or prosecuting official.
19 (2) An individual who has been served with a subpoena
20 issued under the authority of the Commonwealth or any other
21 state or the United States.
22 (3) An individual who has given written or oral
23 testimony or a statement in a criminal matter.
24 (4) A relative or friend of an individual described in
25 paragraph (1), (2) or (3).
26 (5) An individual who is deemed by a law enforcement
27 officer or prosecuting official to be a witness.
28 § 3102. Administration.
29 (a) Attorney General.--The Attorney General has the
30 following powers and duties:
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1 (1) Admit a witness into the program under section 3104
2 (relating to admission).
3 (2) Approve reimbursement under section 3105(b)
4 (relating to witness services).
5 (3) Upon request of the prosecuting official, terminate
6 the participation of a witness in the program under section
7 3106 (relating to termination).
8 (4) Establish procedures under section 3108(b) (relating
9 to Federal Government).
10 (b) Office.--The office has the following powers and duties:
11 (1) Administer the program.
12 (2) Promulgate regulations to administer this chapter.
13 (3) Provide for coordination under section 3105(a).
14 (4) Provide for reimbursement under section 3105(b).
15 (5) Provide for coordination under section 3108.
16 (6) Make an annual report to the General Assembly by
17 January 31 on the fiscal and operational status of the
18 program.
19 § 3103. Program.
20 The Witness Relocation Program is established.
21 § 3104. Admission.
22 (a) Eligibility.--In a criminal proceeding within this
23 Commonwealth, if the prosecuting official requests that a
24 witness enter the program because there is credible evidence of
25 a substantial danger that the witness may suffer intimidation or
26 retaliatory violence, the Attorney General may admit the witness
27 into the program.
28 (b) Agreement.--If the Attorney General determines that a
29 witness is eligible under subsection (a), the following apply:
30 (1) The witness must enter into a written agreement
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1 with:
2 (i) the Attorney General if the Attorney General is
3 prosecuting the criminal proceeding under subsection (a);
4 or
5 (ii) the district attorney prosecuting the criminal
6 proceeding under subsection (a).
7 (2) In the written agreement under paragraph (1), the
8 witness must agree to all of the following:
9 (i) To testify in and provide truthful information
10 to all appropriate law enforcement officials concerning
11 all appropriate proceedings.
12 (ii) To refrain from committing a crime.
13 (iii) To take necessary steps to avoid detection by
14 others of the facts concerning the relocation provided to
15 the witness under this chapter.
16 (iv) To comply with legal obligations and civil
17 judgments against the witness.
18 (v) To cooperate with reasonable requests of
19 officers and employees of this Commonwealth or a
20 political subdivision who are providing relocation under
21 this chapter.
22 (vi) To designate another person to act as agent for
23 the services of process.
24 (vii) To make a sworn statement of all outstanding
25 legal obligations, including obligations concerning child
26 custody and visitation.
27 (viii) To disclose any probation or parole
28 responsibilities and, if the witness is currently under
29 parole or probation supervision under the laws of another
30 state, to consent to supervision by the Commonwealth.
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1 (ix) To regularly inform the office of the witness's
2 activities and current address.
3 (x) To comply with other conditions requested by the
4 prosecuting official.
5 (c) Attorney General.--When the agreement is signed, the
6 Attorney General shall admit the witness into the program.
7 § 3105. Witness services.
8 (a) Coordination.--The office shall coordinate the efforts
9 of Commonwealth and local agencies to secure relocation services
10 for witnesses in the program.
11 (b) Funding.--The office shall fund the costs of the
12 services that the Attorney General determines to be necessary to
13 relocate a witness. Funding under this subsection may be for all
14 of the following:
15 (1) Armed protection or escort by law enforcement
16 officials or security personnel before, during or subsequent
17 to legal proceedings.
18 (2) Physical relocation to an alternate residence.
19 (3) Housing expense.
20 (4) Appropriate documents to establish a new identity.
21 (5) Transportation or storage of personal possessions.
22 (6) Basic living expenses. This paragraph includes food,
23 transportation, utility costs, access to health care and
24 educational requirements for a minor.
25 § 3106. Termination.
26 (a) Authority.--Upon request of the prosecuting official,
27 the Attorney General may terminate participation in the program
28 for a witness if paragraph (1) or (2) applies:
29 (1) There no longer exists a substantial danger that the
30 witness may suffer intimidation or retaliatory violence.
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1 (2) The witness does any of the following:
2 (i) Breaches the written agreement under section
3 3104(b) (relating to admission).
4 (ii) Provides false information concerning the
5 written agreement or the circumstances pursuant to which
6 the witness was provided services under section 3105
7 (relating to witness services).
8 (b) Procedure.--Termination under this section is not
9 subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
10 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
11 to judicial review of Commonwealth agency action).
12 § 3107. Confidentiality.
13 Except to the extent necessary to comply with a defendant's
14 right to discovery, information relating to any witness
15 participating in the program shall remain confidential and is
16 not subject to disclosure.
17 § 3108. Federal Government.
18 (a) Services and requests.--The office shall coordinate with
19 Federal agencies for the services over which the Federal
20 Government has sole authority. The office shall coordinate all
21 requests for Federal assistance relating to the program.
22 (b) Funding.--The office shall pursue all Federal financial
23 resources that may be available for the program. The Attorney
24 General shall establish procedures to maximize Federal funds for
25 the program.
26 Section 2. This act shall take effect in 60 days.
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