PRINTER'S NO. 939
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
793
Session of
2015
INTRODUCED BY ROZZI, MURT, MILLARD, THOMAS, KINSEY, BISHOP,
COHEN, YOUNGBLOOD, SABATINA, McNEILL AND TOOHIL,
MARCH 13, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses) and 44 (Law and
Justice) of the Pennsylvania Consolidated Statutes, in
falsification and intimidation, further providing for
definitions and for intimidation of witnesses or victims and
for retaliation against witness, victim or party; and
providing for confidential informants.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4951 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 4951. Definitions.
The following words and phrases when used in this subchapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Confidential informant." A person who:
(1) cooperates with a law enforcement agency
confidentially to protect the person or the agency's
intelligence gathering or investigative efforts; and
(2) seeks to avoid arrest or prosecution for a crime or
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seeks to mitigate punishment for a crime in which a sentence
will be or has been imposed.
* * *
Section 2. Sections 4952(a) and (b) and 4953(a) of Title 18
are amended to read:
§ 4952. Intimidation of witnesses or victims.
(a) Offense defined.--A person commits an offense if, with
the intent to or with the knowledge that his conduct will
obstruct, impede, impair, prevent or interfere with the
administration of criminal justice, he intimidates or attempts
to intimidate any confidential informant, witness or victim to:
(1) Refrain from informing or reporting to any law
enforcement officer, prosecuting official or judge concerning
any information, document or thing relating to the commission
of a crime.
(2) Give any false or misleading information or
testimony relating to the commission of any crime to any law
enforcement officer, prosecuting official or judge.
(3) Withhold any testimony, information, document or
thing relating to the commission of a crime from any law
enforcement officer, prosecuting official or judge.
(4) Give any false or misleading information or
testimony or refrain from giving any testimony, information,
document or thing, relating to the commission of a crime, to
an attorney representing a criminal defendant.
(5) Elude, evade or ignore any request to appear or
legal process summoning him to appear to testify or supply
evidence.
(6) Absent himself from any proceeding or investigation
to which he has been legally summoned.
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(b) Grading.--
(1) The offense is a felony of the degree indicated in
paragraphs (2) through (4) if:
(i) The actor employs force, violence or deception,
or threatens to employ force or violence, upon the
confidential informant, witness or victim or, with the
requisite intent or knowledge upon any other person.
(ii) The actor offers any pecuniary or other benefit
to the confidential informant, witness or victim or, with
the requisite intent or knowledge, to any other person.
(iii) The actor's conduct is in furtherance of a
conspiracy to intimidate a confidential informant,
witness or victim.
(iv) The actor accepts, agrees or solicits another
to accept any pecuniary or other benefit to intimidate a
confidential informant, witness or victim.
(v) The actor has suffered any prior conviction for
any violation of this section or any predecessor law
hereto, or has been convicted, under any Federal statute
or statute of any other state, of an act which would be a
violation of this section if committed in this State.
(2) The offense is a felony of the first degree if a
felony of the first degree or murder in the first or second
degree was charged in the case in which the actor sought to
influence or intimidate a confidential informant, witness or
victim as specified in this subsection.
(3) The offense is a felony of the second degree if a
felony of the second degree is the most serious offense
charged in the case in which the actor sought to influence or
intimidate a confidential informant, witness or victim as
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specified in this subsection.
(4) The offense is a felony of the third degree in any
other case in which the actor sought to influence or
intimidate a confidential informant, witness or victim as
specified in this subsection.
(5) Otherwise the offense is a misdemeanor of the second
degree.
§ 4953. Retaliation against witness, victim or party.
(a) Offense defined.--A person commits an offense if he
harms another by any unlawful act or engages in a course of
conduct or repeatedly commits acts which threaten another in
retaliation for anything lawfully done in the capacity of
confidential informant, witness, victim or a party in a civil
matter.
* * *
Section 2. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 9
CONFIDENTIAL INFORMANTS
Sec.
901. Definitions.
902. Duties of law enforcement agency.
§ 901. 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:
"Confidential informant." A person who:
(1) cooperates with a law enforcement agency
confidentially to protect the person or the agency's
intelligence gathering or investigative efforts; and
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(2) seeks to avoid arrest or prosecution for a crime or
seeks to mitigate punishment for a crime in which a sentence
will be or has been imposed.
"Law enforcement agency." A police department of a city,
borough, incorporated town or township, the Pennsylvania State
Police, district attorneys' offices and the Office of Attorney
General.
§ 902. Duties of law enforcement agency.
(a) General duties.--A law enforcement agency shall:
(1) Ensure that an individual has an opportunity to
consult with legal counsel, upon request of the individual,
prior to agreeing to perform any activity as a confidential
informant. Nothing in this paragraph creates a right to
publicly funded legal counsel.
(2) Obtain the prior written consent of a parent or
guardian of a proposed confidential informant who is under 18
years of age prior to enlisting the minor as a confidential
informant.
(3) Inform an individual who agrees to serve as a
confidential informant that the agency is prohibited from
offering inducements, including, but not limited to, a grant
of immunity, dropped or reduced charges, a reduced sentence
or placement on probation, in exchange for serving as a
confidential informant.
(4) Inform an individual who agrees to serve as a
confidential informant of the risk of physical harm to the
individual and the immediate family or close associates of
the individual:
(i) as a result of providing information or
assistance as a confidential informant; or
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(ii) upon the disclosure of the individual's
assistance to the community as a confidential informant.
(b) Substance abusers.--A chronic abuser of alcohol or
controlled substances in treatment may not serve as a
confidential informant.
(c) Confidentiality of records.--All records and information
of a law enforcement agency relating to confidential informants
shall be confidential except that disclosure may be made to law
enforcement officials or for other official purposes.
Section 3. This act shall take effect in 60 days.
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