THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PARKER, CALTAGIRONE, BARRAR, BOYLE, FABRIZIO, HALUSKA, HARKINS, KORTZ, LENTZ, MYERS, PAYTON, READSHAW, ROEBUCK, WILLIAMS AND YOUNGBLOOD, JUNE 16, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 2009  

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

Consolidated Statutes, providing for witness relocation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 44 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART II-A

PROGRAMS

Chapter

31.  Witness Relocation

CHAPTER 31

WITNESS RELOCATION

Sec.

3101.  Definitions.

3102.  Administration.

3103.  Program.

3104.  Admission.

3105.  Witness services.

3106.  Termination.

3107.  Confidentiality.

3108.  Immunity.

§ 3101.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Program."  The program established in section 3103 (relating

to program).

"Witness."  An individual having knowledge of the existence

or nonexistence of facts or information relating to a crime. The

term includes:

(1)  An individual who has reported facts or information

to a law enforcement officer or prosecuting official.

(2)  An individual who has been served with a subpoena

issued under the authority of the Commonwealth.

(3)  An individual who has given written or oral

testimony or a statement in a criminal matter.

(4)  An individual who is deemed by the Attorney General

or the prosecuting official to be a witness.

§ 3102.  Administration.

The Attorney General has the following powers and duties:

(1)  Administer the program.

(2)  Promulgate procedures and guidelines to administer

this chapter.

§ 3103.  Program.

The Attorney General shall establish a Statewide witness

relocation program and may provide for the relocation of a

witness, a potential witness, a family member or other person

closely associated with the witness or potential witness in an

official proceeding or investigation.

§ 3104.  Admission.

(a)  Eligibility.--A prosecuting official that determines a

need for witness relocation may request funding from the

Attorney General. In an official proceeding or investigation

within this Commonwealth, if the prosecuting official requests

that a witness enter the program, the Attorney General may admit

the witness into the program.

(b)  Agreement.--If the Attorney General determines that a

witness is eligible under subsection (a), the following shall

apply:

(1)  A witness voluntarily participating in the program

must enter into a written agreement.

(2)  In the written agreement under paragraph (1), the

witness must agree to all of the following:

(i)  To testify in and provide truthful information

to all appropriate law enforcement officials concerning

all appropriate proceedings.

(ii)  To refrain from committing a crime.

(iii)  To take necessary steps to avoid detection by

others of the facts concerning the relocation provided to

the witness under this chapter.

(iv)  To comply with legal obligations and civil

judgments against the witness.

(v)  To cooperate with reasonable requests of

officers and employees of the Commonwealth or a political

subdivision who are providing relocation under this

chapter.

(vi)  To designate another person to act as agent for

the services of process.

(vii)  To make a sworn statement of all outstanding

legal obligations, including obligations concerning child

custody and visitation.

(viii)  To disclose if the witness is currently under

the supervision of any county or State probation or

parole department in Pennsylvania or another state as

well as any conditions of the sentence.

(ix)  To regularly inform the prosecuting official of

the witness's activities and current address.

(x)  To comply with other conditions requested by the

prosecuting official.

§ 3105.  Witness services.

(a)  Coordination.--The Attorney General in cooperation with

the prosecuting official shall coordinate the efforts to secure

relocation services for witnesses in the program.

(b)  Funding.--An appropriation shall be made to the Attorney

General to fund the program.

§ 3106.  Termination.

(a)  Authority.--A witness may be terminated from

participation in the program.

(b)  Procedure.--Termination under this section is not

subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and

procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating

to judicial review of Commonwealth agency action).

§ 3107.  Confidentiality.

Except as otherwise required by law or required for the

implementation of the program, information relating to any

witness participating in the program shall remain confidential

and is not subject to disclosure.

§ 3108.  Immunity.

The Commonwealth, its officers and employees, and State or

county prosecuting attorneys or law enforcement agencies shall

not be subject to any liability for any decision to provide or

not to provide relocation under this chapter.

Section 2.  This act shall take effect in 60 days.